Bavin & Burch Co. v. Bard

PARKER, J., pro tem.

In this action plaintiff sues to recover on an express contract for work and labor performed for, and materials furnished to, defendants. It seeks, further, to enforce a claim of lien against the premises benefited by such labor and materials. Judgment went for plaintiff against defendants and the case comes here on appeal by defendants.

The defendants Bard and Berkowitz are lessees of the premises owned by the remaining defendants, and the judgment was against the said lessees only, with decree foreclosing the lien.

There is no question presented involving the procedure as…