Shumway v. Woolwine

McLUCAS, J., pro tem.

Defendants appeal from a judgment in a suit for foreclosure of a mechanic’s lien.

Plaintiff entered into a cost-plus agreement with defendants for the construction of a residence, under the terms of which plaintiff was to receive as compensation ten per cent of the total cost of labor and material. On April 8, 1922, defendants Woolwine moved into and took possession of the residence, when some , of the fixtures were not installed and some of the interior decorating had not been completed by reason of the dampness of the walls. It was agreed the decorators would finish this…