Nieman-Irving & Co. v. Lazenby

The plaintiff agreed to perform the work and furnish the materials required for the reconstruction of the residence of the defendant Lazenby in accordance with plans prepared by the owner’s architects. The owner agreed to pay to the plaintiff the cost of the work and materials plus ten per cent. Additions and changes were authorized and directed by the defendant’s architects. The plaintiff filed a hen for the unpaid balance of the amount it claimed was due to it. The hen was discharged after the owner filed security approved by the court. Then this plaintiff began this action to estabhsh its…