Bendik v. Sommer Bros. Construction Co.

Opinion by

Flood, J.,

This is a suit to recover a balance due on a building contract plus some items for extra work. All parties have appealed. The principal amount due under the contract by the defendants to the plaintiff, as determined by the jury and modified by the court below, is not under attack in these appeals.

The plaintiff’s appeal raises the correctness of the allowance of a set-off by the court below covering expenses, including attorneys’ fees, incident to discharging a mechanic’s lien filed by the plaintiff in violation of the contract between the parties. That this filing was in…