MARCISZ, ET UX. v. Osborne

This is an appeal from a judgment in an action for the foreclosure of a mechanic’s lien brought by the appellee against the appellants, husband and wife. The complaint was in two paragraphs, the first being to foreclose the mechanic’s lien, and the second for quantum meruit for labor and material furnished.

Issues were joined upon appellee’s second amended complaint in two paragraphs. The first paragraph alleged that appellee and appellants entered into a written contract for the construction of a certain dwelling house for appellants for the sum of $13,600; that the appellee furnished…