Hildebrandt v. Savage

The opinion of tbe court was delivered by

Scott, J. —

This action was brought to foreclose a lien for materials furnished and labor performed in the erection of a building by the respondent for the appellant. A number of defenses were interposed to the effect that the plaintiff had not complied with the contract on his part, and a *525counterclaim for damages was set up. The defendant also denied the existence of any lien. The lower court found the lien to be invalid, but rendered a personal judgment in favor of the plaintiff against the defendant for the amount it found to be due on the contract.…