Gillis

Appellant, Gillis, brought this action in the District Court for the Territory of Alaska to recover from appellees, Gillette and wife, judgment in the sum of $1,746.83 plus interest, costs and attorney’s fee, and to enforce said judgment by foreclosure of a labor and material lien which had theretofore been filed against appellees’ real property. The $1,746.83 was alleged to represent the difference be *489 tween the reasonable value ($2,746.83) of labor and materials furnished by Gillis in moving, altering and repairing a house owned by the Gillettes, and a $1,000.00 payment theretofore made by appellees.

Appellees’ answer admitted that a purported lien had been filed by appellant and that appellees had paid the $1,000.00 to appellant, and denied other allegations in the complaint. By way of cross complaint appellees alleged that the parties had entered into an agreement whereby appellant was to move, alter and repair appellees’ house for the sum of $2,872.28, the work to be completed in October, 1946. Appellant was to furnish the labor and appellees to provide the materials. They further alleged that the house was not moved until November 12, 1946 (after freezing weather) and…