![]() ![]() "Was the decree foreclosing a mechanic's lien in the amount of more than $15,000, including interest, and dismissing the cross bill of complaint, contrary to the just rights of the defendants?" The sole question for review as presented by the appellants is: The lower court decree authorized foreclosure of the mechanic's lien in the amount of $13,964.27, plus interest from completion of plaintiff's work. There remains in dispute and unresolved whether or not certain loans claimed by plaintiff to have been made to defendant were in fact loans or did in fact take place." It is further stipulated that the payment of $19,247.89 was applied against the invoices submitted and the $4,000 contract price for repair of the chimney. It is further stipulated that the plaintiff has received from the defendant, by check or by cash, a sum in the amount of $19,247.89. That in addition thereto there was a separate contract for repair to a chimney in the amount of $4,000, as to which the plaintiff submitted no invoice or statement. "It is stipulated between the respective parties by their respective counsel that the plaintiff prepared invoices covering labor and material furnished the defendants in the aggregate amount of $27,690. The following stipulation is found in the record: Plaintiff asserts that leaks in the roofs after his repair work was completed were caused by defendants' sandblasting the ceilings immediately beneath the roofs and by welders who, while making *52 other repairs, permitted heavy pipes and other equipment to fall on the roofs. They also filed a cross bill asking damages in the amount of $8,000, claiming plaintiff's faulty repair work necessitated hiring, and paying that amount to, another roofer. Defendants admit the time and material agreement, but claim that there was a maximum set therein at $15,000 total. He has submitted invoices and workmen's time sheets, and claims there is still a balance due of approximately $15,000. He alleges having done the work and having expended a total of approximately $30,000. Plaintiff claims he was given a "time and material" agreement to do roof repair work for the defendants. This case involves the foreclosure of a mechanic's lien. ![]()
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