Kellogg v. Wilcox

This is an action by a building contractor to foreclose a lien claim in the amount of $11,371.31, which he alleged was the unpaid balance due for constructing a three-dwelling apartment house on a cost plus ten per cent basis.

Defendant admitted the construction of the building, but in her cross-complaint alleged that the parties had entered into a written contract whereby plaintiff undertook to build the triplex for thirty-five thousand dollars, which she had fully paid. She also alleged that plaintiff had failed to properly perform the contract in several particulars, for which she sought…