David v. Doughty

The opinion of the court was delivered by

Johnston, C. J.:

This was an action by the plaintiff to recover a balance due for building material and to foreclose a mechanic’s lien. Defendants first obtained goods from plaintiff of the agreed price of $382.50. Plaintiff alleged that after-wards additional material, priced at $49.57, was purchased to be used in the completion of the building. The total amount of the purchase was therefore $382.07, and upon this bill the defendants paid $300, and it will therefore be seen that the substantial dispute between the parties was the liability of the…