Ward

Action to foreclose a mechanic’s lien. The defendants employed .Kelley to do the carpenter work hereinafter specified at an agreed compensation of two dollars and fifty cents per day. His labor amounted to one hundred and five dollars, of which forty dollars has been paid, leaving due the sum of sixty-five dollars, for which he filed a lien.

Kelley died after the cause was tried, and his administrator was substituted. Findings and judgment were for the plaintiff, and this appeal is from an order denying defendants’ motion for a new trial, which motion is based upon the alleged insufficiency of the evidencé to justify certain findings, and that the court erred in receiving in evidence the claim of lien filed by the plaintiff.

1. It is contended by appellants that the finding that plaintiff performed the labor, for which a lien is claimed, in the “erection” of a house, is not justified by the evidence.

There is no controversy as to the amount and value of the labor performed by Kelley, but it is said this work was done in “the alteration and repair of an old house,” and not in the “erection” of a house, as alleged in the complaint and stated in the notice of lien. The answer of…