Judges: Dykman
Filed Date: 7/1/1893
Status: Precedential
Modified Date: 10/19/2024
This is an appeal from a judgment entered upon the report of a referee to hear and determine. The action was brought to foreclose a mechanic’s lien for $1,250.60. The defense was failure to perform the contract made by the plaintiff, and a counterclaim. The referee reported against the plaintiff upon its principal claim for material, and in its favor for extras, $4.03 and the appeal is by the plaintiff. The questions involved were questions of fact, and the cause was fully tried and carefully examined by the referee. He wrote an opinion in which he carefully analyzed the testimony, and gave abundant reasons for his decisions. ■ A further examination of the evidence by us