Vila

This is an action for foreclosure of a mechanic’s lien. Plaintiffs claimed $8,302.61. The judgment allowed the lien for $2,400, and deducted an offset of $800 for deficiencies in the work done. Plaintiffs appeal.

By written contract dated June 6, 1955, plaintiffs agreed to build an addition to defendants’ house “as per plans and changes and whatever changes owner wants. We agree to do this work on a cost plus basis.” The contract specified charges to be made for overhead and profit, and concluded " total cost is not to exceed $8,000."

The peculiarity of this agreement (drawn by plaintiffs without consulting an attorney) did not end with its drafting. The evidence discloses that the plans to which it refers were altered, partly by interlineation and partly by oral agreement, before the contract was signed. Changes from these modified plans were thereafter made in course of the work. At the conclusion of the job, plaintiffs claimed, on the cost plus basis, a total of $14,302.61, of which $6,000 had been paid. Defendants asserted that the $8,000 maximum applied, and that therefore only $2,000 remained due. They further asserted damages allegedly resulting from defects in the work…