Cunningham v. Weaver

This is an appeal by defendants from a money judgment and decree of foreclosure of a mechanic’s lien.

Plaintiff’s complaint alleged that the parties entered into an oral contract by which plaintiff was to furnish certain materials, labor and supervision in the construction of a building for defendants, for which they agreed to pay the reasonable cost; that defendants had paid only a portion of said cost, and that a balance was still due and unpaid. Defendants’ answer denied the material allegations of the complaint, and affirmatively alleged that plaintiff verbally agreed to complete the…