28 N.Y.S. 828 | N.Y. Sup. Ct. | 1894
This is an action for the foreclosure of a mechanic’s lien. It was tried before a referee to hear and determine, and he decided in favor of both the claimants; one of the defendants being a lienor, or • holder of a lien. The owner has appealed from the order confirming the referee’s report, and also from the judgment entered thereon.' The plaintiff filed two notices of lien upon the property, one of which he assigned to the defendants the Odells, and upon the other commenced this action. The Odells and Turner, the original contractor, were brought in as defendants after the commencement of the action. It seems the owner had paid a sum equal to the contract price for the building before the notices of liens were" filed, but it also appears that the
Much complaint is made respecting the well, but the evidence discloses no abuse or overcharge. Eock was struck at the depth of 7 feet, and at 18 feet water was reached. After that the well was sunk deeper, to make a reservoir; and, as the powerful explosives employed tore out a space unnecessarily large, it was decided to buüd it up with brick from bottom to top. That was done, and rubble masonry filled in back of the brick. There was no overcharge, and the claim under both liens was meritorious. The record discloses no error, and the judgment and order should be affirmed, with costs. All concur.
