Mazzotta v. Bornstein

The plaintiff is seeking the foreclosure of a mechanic’s lien filed by him to secure a balance he claims under a contract for the construction of a two-story factory building for the defendants. The trial court, in determining the amount due, refused to include a charge in addition to the contract price, made by the plaintiff by reason of a change in the kind of elevator to be installed; and it made certain deductions on account of damages suffered by the defendants through the plaintiff’s alleged failure fully to perform his contractual obligations. Both parties have appealed, claiming…