Schlinkman

Plaintiff-respondent, a licensed building contractor, brought action to foreclose a construction lien upon the property of defendants-appellants Davis.

The complaint alleged that plaintiff had constructed a dwelling upon the property of defendants under their promise to pay the reasonable value of the labor and materials used; that the total cost of the building was $37,739.61; and that $26,436.76 had been paid. Plaintiff sought to foreclose a lien for the difference.

The answer of defendants denied in general terms the foregoing allegations and affirmatively alleged that there had been an agreement between the parties that the house should be constructed for a maximum of $25,000. Defendants alleged they had paid more than that sum and were not indebted to plaintiff further.

It appears without dispute that the parties had entered into a written agreement covering the construction of the building by plaintiff and that the agreement read as follows:

The foregoing contract is the familiar cost plus contract with a maximum.

Notwithstanding the parties were thus mutually bound by the written contract, the trial court found the allegations of plaintiff’s complaint to be true in…