Smith v. Clark

This was a suit on a mechanic’s lien, brought by the plaintiff, who had built a house under a special contract for the '•defendant.

The answer set up as a'defense that defendant was greatly, damaged by reason of the unskillful, negligent and bad manner in which the house was built. The terms in the contract were, that the work was to be done in a plain, substantial and workmanlike manner.

*146The evidence was conflicting. Defendant introduced testimony tending to prove the allegations of his answer, and testimony of a counter character was introduced by the plaintiff.

The plaintiff had a verdict and…