W. T. Madden Co. v. F. Becker Asphaltum Roofing Co.

Morling, j.

— Defendant in argument does not claim enforcement of mechanic’s lien, but rests its case upon an alleged agreement by plaintiff to pay the balance of the cost of the roof for which the lien was filed. Plaintiff corporation, through W. T. Madden, its president, sold the premises in controversy to Donohoe, on written contract, by which the price was made payable in monthly installments. The premises at the time of the sale were out of repair. Over plaintiff’s objection that the testimony tended to vary the terms of the written contract, and was contrary to the statute of frauds,…