Conrad v. Foerst

Action to foreclose a mechanic’s lien. Plaintiff contracted with defendant to furnish all the work on a two-story and basement frame building with certain exceptions for the sum of $4,644, payable at specified times as the work progressed. Plaintiff entered upon the performance of the contract, and thereafter, so it is alleged, completed all the conditions on his part to be performed. Notice of completion of work was filed, and thereafter the architect delivered to plaintiff a certificate that the last payment mentioned in the contract was due. This payment amounted to the sum of $1,164.…