Dunlop

This action was brought to enforce mechanics’ liens. Plaintiffs recovered judgment, and defendants, Alice Kennedy and John F. Kennedy, now appeal from the judgment, and from an order denying a new trial.

The contract was in writing, and in it Gray and Stover . contracted with Alice Kennedy, who is the wife of defendant John F. Kennedy, and was the reputed owner of the premises described, to construct a three-story dwelling-house, and to furnish materials for the same. The contract price was $6,600. It was provided that partial payments were to be made in amounts equal to seventy-five per cent of the value of the work done and materials furnished at the time of the payments. Provided, that when each installment became due a certificate should be obtained from the architect of the amount due; and it was made the duty of the architect at said times to deliver such certificate, or to state what defect *444 had to be remedied to entitle the contractor to it. If the architect failed to deliver the certificate, or give a reason for three days after demand, then the contractor should be entitled to the payment.

The contractors abandoned the work, when, as the trial court found,…