Albert v. Gurelnick Et Ux.

Opinion by

Arnold, J.,

On a scire.facias sur mechanic’s claim tried before the court without a jury there was judgment for the plaintiff and defendants appeal. ..

Plaintiff had a contract directly with the defendants, as owners, to make alterations and improvements in their dwelling house for $2,400.. The claim filed allowed defendants credit with $800 paid thereon, leaving a net claim of $1,600. The affidavit, of defense, inter alia, set up cash payments of $1,400 instead of $800. : The claim was filed April 17, the affidavit of defense on May 9, and the trial was on June 11, less than two…