Mink v. Heep

The action was brought to foreclose an alleged mechanics’ hen in connection with the erection of a foundation wall of a two-family house for which it is claimed the defendants contracted with the plaintiffs.

There was no basis whatever for the judgment rendered against the defendants. The evidence very clearly demonstrated that the plaintiffs failed to perform their contract with the defendants in any respect. The wall which the plaintiffs claim to have erected *221was on property other than that owned by the defendants. The evidence fairly shows that plaintiffs themselves assumed to have a survey…