Schwartz v. Whelan

Opinion by

Mr. Justice Simpson,

By an agreement which recited that the defendants, J. R. and J. A. Whelan, were the “owners in fee” of a lot of ground, plaintiffs agreed with them to erect thereon a four-story apartment building for the sum of $12,575. Part of the work specified was to be “plastering......in basement where noted.” Plaintiffs did the wTork, except the plastering in the basement, and received $7,750 in cash and notes for $2,500. Neither the notes, nor the balance of the contract price, was paid, whereupon plaintiffs filed a mechanic’s lien against the property, alleging that the…