Niland v. Gill

Opinion by

Keller, J.,

Plaintiff appeals from what he claims is an insufficient judgment in his favor in a scire facias sur mechanic’s lien. He made a written contract with the defendant for the erection of a dwelling house for the sum of $10,600. He was paid $7,500 on account, leaving a balance of $3,100, alleged to be due under the contract; and he claimed $690 for extras; making the total claim as filed $3,790. The defendant denied liability for any extras except $46, for an extra door at the cellar stairs; and claimed a set off or counter claim against the plaintiff of $8,823 because of the…