Brown v. Phillips

1. In an action to foreclose a laborer’s lien the plaintiff must allege and prove a demand upon the defendant for the amount claimed and a refusal by the defendant to pay. Code § 67-2401. Accordingly, in this action to foreclose a laborer’s lien in the amount of $1,072, where a demand is alleged in the affidavit and denied in the counter-affidavit, and where on the trial all the evidence of the plaintiff as to demand was that contained in his testimony that he had had a discussion with the defendant as to how much was due and in that discussion the plaintiff said to the defendant, “if you…