Stierheim v. Bechtold Et Ux.

Opinion by

Ross, J.,

This is a sci. fa. sur mechanic’s lien for $1500.00, the balance due on a building contract. The jury returned a verdict for the plaintiff for $500.00. Motions for a new trial and judgment n. o. v. were presented by both the plaintiff and the defendant. The plaintiff’s motion for judgment n. o. v. for the full amount of his claim, $1500.00, was granted, judgment entered thereon, and this appeal followed.

By agreement dated October 18,1940, approximately six months after the filing of the lien, the parties agreed that the defendants were to deposit $2,671.09, the amount of…