Munk v. Kanzler

This action was to enforce a mechanic’s lien for a balance due for work performed and material *107furnished in the construction of a certain building on the real estate described in the complaint. The complaint contained two paragraphs. It appears from the special findings of the court that judgment was rendered upon the second, which was based upon a written contract made a part of the complaint. Mo further reference, therefore, need be made to the first.

Appellant filed his amended answer to this paragraph, in which he sets up the following provision contained in the contract, to wit: “In…