Opinion
January, 1918.
The contractor did not perform his contract, and there should be deducted, therefore, from the balance of $2,377 unpaid, the sum of $1,000 on account of failure in the matter of hardware, waterproofing the cellar, cork floors, and for remedying defects in the doors; leaving a balance of $1,377, which should be applied on the liens of plaintiff and Odell in the order of priority. Findings in accordance herewith will be made, and all inconsistent findings are reversed. Judgment modified accordingly, and as modified affirmed, without costs to either party in this court or the court below. Jenks, P.J., Thomas, Mills, Putnam and Blackmar, JJ., concurred. Order to be settled before Mr. Justice Thomas.