Boehm v. Brion

The opinion of the court was delivered by

Minturn, J.

The suit was on a lien 'claim for work and labor performed and material furnished by plaintiff to the defendant, Franklin Hartwell Company, as contractor, in the construction of the house of Edward T. Brion, in West Englewood, amounting to $706.

Upon the trial the testimony adduced showed that on account of the lien claim the defendant had paid $400 for which upon the record he was not credited. The defendant *331Brion moved for a nonsuit, and again for a direction in Ms favor at the close of the ease, upon the ground, inter alia, of want of…