Berry v. Van Soelen

OPINION OF THE COURT

WATSON, J.

The judgment appealed from established and foreclosed a mechanic’s lien and decreed a sale of real estate to satisfy it.

Appellee filed a claim of lien upon a plastering contract, alleging that his compensation had been fixed at $540, or at such lesser sum as should represent actual cost of labor and materials, plus 10 per cent. He stated that the actual cost of labor and materials plus 10 per cent had been $510, not including cement to the amount of $35 furnished by appellants, for which they were entitled to^ a deduction from the lump sum stated. Thus, the…