
    Harry C. Feroe et al., Respondents, v. B. H. Brooks Company et al., Respondents, and Pierre M. Brown, Appellant, Impleaded with Others.
    
      Lien — action to foreclose liens for materials furnished contractor — defense by owner that contractor had abandoned work and he had been obliged to complete at cost in excess of contract price.
    
    
      Feroe v. Brooks Co., 219 App. Div. 107, affirmed.
    (Argued February 17, 1928;
    decided March 27, 1928.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 24, 1927, modifying and affirming as modified a judgment entered upon the report of a referee in an action to foreclose a mechanic’s lien. The defendant Pierre M. Brown was the owner of the property against which the lien was filed; the defendant B. H. Brooks Company was the contractor to whom plaintiffs and other defendants had furnished materials for use in performance of the contract. Defendant Brown set up as a defense that the Brooks Company had abandoned its contract and that he had been obliged to have the work completed at a cost in excess of the contract price.
    
      James F. Riley for appellant.
    
      Harry E. Fritts, for plaintiffs-respon dents.
    
      William F. Kirnber for defendants-respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Cardozo, Ch. J.  