Hughes v. Bravinder

The opinion of the court was delivered by

Hoyt, J.

— Appellant had a contract for the erection of a certain building. Growing out of such contract and his rights thereunder, he brought two actions, in one of which he sought to recover a balance alleged to be due upon the contract price, and for extra work, and to foreclose his lien therefor, and in the other to recover for damages for the rejection and destruction of certain material which he had provided for use in the erection of the building. The two actions were, by consent, consolidated and tried together, a jury having been waived in the…