Burke v. Dittus

This is an action to foreclose a mechanic’s-, lien. A special demurrer to the complaint was overruled, after which the defendant answered. Thereafter a jury trial was demanded, and the court, at the request of the defendant, submitted to the jury one issue—“Was the building contract as modified, between plaintiff’s assignors and the defendant F. M. Dittus, substantially performed on the part of plaintiff’s assignors prior, to the 31st day of August, 1905?”' The jury brought in a verdict in favor of plaintiff, and the-court thereafter adopted this verdict, and, upon the hearing-of further…