Martine v. Nelson

This was a proceeding under the lien law, in which the complainant sought to recover the value of certain work performed by him upon a house of the defendant. The defendant answered under oath, which had not been waived by the complainant, averring the work had been done under a special contract/ and. the issue formed was submitted to a jury, who found there was no special contract, and gave a verdict for the value of the complainant’s work, so far as it was unpaid.

It is first insisted, by counsel for appellant, that house-painters are not within the protection .of the lien law, because, it…