Roberts v. Sinnott

delivered tbe opinion of tbe court.

Plaintiff contracted in writing to furnish certain materials and perform tbe work necessary for tbe erection of a dwelling-house for defendant for tbe sum of $4,727. This action was instituted to recover a balance alleged to be due and to foreclose a mechanic’s lien. Upon tbe trial plaintiff abandoned bis claim for a lien, and tbe cause then proceeded as an ordinary action at law, resulting in a verdict in favor of tbe plaintiff for $500. Defendant appealed from tbe judgment entered on tbe verdict, and from an order denying his motion for a new trial.

The…