Lane v. F. S. Miller Lbr. Co.

This is an appeal from a judgment In favor of J. A. McClain and O. P. Kiper for a balance due them for constructing a brick building for J. N. Lane, and decreeing the' foreclosure of ■ a lien on the building. Lane alleged, as his de fense, that the work was not performed according to the terms of the contract and not in -a good, workmanlike manner. One of the items about which Lane complained was the failure of McClain and Kiper to use plate glass in the windows of the building and substituting double strength glass. McClain was permitted- to testify that, before the job was finished Lane…