Shimek v. Vogel

HARRY E. RITTGERS, District Judge.

This is a trial de novo in an action brought to determine the amount due plaintiff under a contract with defendants for the construction of a building, and to foreclose a mechanic’s lien. Plaintiff recovered judgment awarding him $7,001.52, with interest from September 26, 1956, and for costs, and for the foreclosure of the lien. Defendants have appealed from that judgment.

Plaintiff’s complaint alleges that the original contract price was $48,430.60; that plaintiff has been paid thereon the sum of $41,312; leaving a balance due thereon in the sum of…