Garstka v. Russo and Wife

This is a suit to foreclose a mechanic's lien to recover the value of labor and material used in the construction of cottages
on lake property owned by the defendants Vincent and Sandra Russo. Although in their prior dealings for the construction of
dwellings the parties had used written contracts, they made no contract in writing for the construction of these cottages.
There was an understanding, however, that Clement Garstka, the plaintiff, would secure the necessary material and construct
the cottages and the defendant would pay him for his labor and the materials purchased plus 20 percent for profit and overhead
as a contractor. Garstka started working on the cottages in August, 1962. He failed to pay for all the materials used and some of the material
was paid for by the defendants. By November 16, 1962, Garstka had constructed three 22-by-24 foot cottage "shells," defined
as being completely finished on the outside including concrete slabs, windows, doors, shingled roof, one coat of paint, water
and drain pipes, and grading. Garstka had also constructed concrete footings and concrete-block foundations for two additional
cottages. At this point he stopped working. Up to that time on the three cottages and other dwellings the defendants had paid
him $2,100 for labor, had paid $3,376 for material to Hayward Lumber Company and had paid for some other items of material.