Edwards v. Erwin

SADLER, Justice.

The plaintiff below, "who is appellee and cross-appellant here, sued to foreclose a mechanic’s lien on a house and lot in Las Cruces, Dona Ana County, New Mexico. Judgment went for plaintiff, although the amount adjudged due was less than that claimed. Accordingly, the defendant appealed and the plaintiff took a cross-appeal. Both feel aggrieved at the amount for which the lien was foreclosed, the defendant asserting it is too much — the plaintiff, too little. We are asked to resolve their controversy.

The plaintiff sued on a verbal contract for construction of the house to be…