Condello v. Stock

The action was brought to foreclose a mechanic’s lien for an alleged balance due on a building contract and certain extras; the answer of the defendants admitted the contract and that there was a balance unpaid on the face amount thereof but alleged that plaintiff had failed to complete the work. Defendants also set up a counterclaim for work not completed and for defective work and asked for judgment against plaintiff in the sum of $5,845. On the opening of the trial defendants were permitted to amend to increase the amount claimed to $6,364.98. At the close of all the evidence the court…