Priet

The Kennedy & Shaw-Lumber Company, the Depew Planing Mill Company, and others, *99 commenced tlieir actions to foreclose mechanics’ and materialmen’s liens upon the property of appellant Priet. The actions were consolidated. Fletcher, the contractor, suffered default. Priet, the owner, answered, setting up a contract with Fletcher, and naming the sum due and unpaid thereon. He averred that he was "ready to pay said sum of five thousand eight hundred and eighty-four dollars and fifty cents so due to said Fletcher to the said persons so claiming to be lien-holders, in proportion to their respective claims, whenever the respective amount due to each lienholder is determined.”

The court held the contract between Priet and Fletcher to be void. It decreed liens to all of the other plaintiffs excepting the respondents herein. It was held that they had no liens. A judgment was awarded the lienholders for the sale of the property, and the court, then subtracting the aggregate amount due the lienholders from the five thousand eight hundred and eighty-four dollars and fifty cents above mentioned, adjudged that Priet should pay the difference, amounting to seventeen hundred dollars, to these…