McGinty

The superior court rendered judgment in favor of the plaintiff for the foreclosure of a mechanic’s lien upon certain property of the defendant, and afterward, upon motion of the defendant, granted a new trial. From this order the plaintiff has appealed. The motion was made upon several statutory grounds, but in its order the court limited the ground upon which it was granted to the insufficiency of the notice of lien which was filed with the county recorder, in that it failed to contain a statement of the “terms, time given, and conditions of the contract.”

,The plaintiff contracted directly with the defendant for the erection of a one-story, five-roomed cottage upon a lot of land belonging to the defendant, for the sum of seven hundred and forty dollars, of which five hundred dollars was to be paid as the work progressed, and the balance when the house was finished. The defendant paid to the plaintiff two hundred and fifty dollars during the progress of the work, and the further sum of three hundred dollars at its close, and upon his refusal to pay the remainder the plaintiff, within thirty days after the completion of the building, filed with the county recorder his claim of…