Hoesch v. Freedman

Opinion by

Keller, J.,

The plaintiff made a written contract with the defendant to lower the floors of three garages, belonging to her, a distance of fourteen inches, underpin four front pilasters, trim off the footing inside to the walls, put down new concrete floors and driveway, lower the door, put a plank panel above, and paint all new wood, for the sum of $495. These changes were made necessary by a change of grade of the alley on which the garages fronted. He did the work but was not paid for it and brought this action in the county court.

The defendant, in her answer, set up, inter alia,…