Summerton

Appeal from the judgment. Plaintiff entered into a contract with one Charles Scranton for the erection of a building upon a lot of land owned by the former. The contract price exceeded one thousand dollars. The contract was in writing, and was accompanied by a bond, with two sureties, who guaranteed the faithful performance by Scranton of his contract, and also guaranteed the delivery of the building to the plaintiff free from all liens that might be filed on account of any claim against the contractor. The building contract, together with the bond, was filed in the office of the county recorder, but the plans and specifications which were to accompany it, and which, by the terms of the contract, were made a part of it, were not filed, and the contract became void.

Scranton, however, proceeded to construct the building, and, after its completion, and within the time allowed by law, certain lien claims were filed against the property. These liens were afterward foreclosed, and judgments for various amounts obtained. Plaintiff, to release his building from the liens of the judgments, was obliged to pay, and did pay, to the judgment creditors the sum of four thousand fifty-two…