Anderson

Action to foreclose a mechanic’s lien. Plaintiff demands judgment for eighty-five dollars and costs and an attorney’s fee of fifty dollars. The cause was tried by the court, and a decree entered in favor of plaintiff for sixty-seven dollars and fifty cents and for an attorney’s fee of twenty-five dollars and costs. Defendant appeals from the decree and from an order denying his motion for a new trial.

It appears that on the first day of September, 1895, the plaintiff and defendant entered into a written agreement by the terms of which the plaintiff agreed with the defendant to construct for the, latter a house in Sacramento, twelve by eighteen feet, two stories in height, with one room on the back ten by eighteen feet, eight feet high, with shed roof. The building, among other equipments, was to have eight windows, etc. An old building on the premises was to be taken down and the lumber used in the construction of the new, with some exceptions not necessary to any question here. Plaintiff was to be paid one hundred and seventy-five dollars; one hundred when the work was done and seventy-five dollars thirty days thereafter. The building was completed and occupied by defendant…