WHEELER, J.
In the absence of any agreement with the plaintiff the defendant's mortgage would take precedence over any claim the plaintiff may have for work and labor performed and materials furnished. Peaslee v. Evans, 82 N.H. 313.
The defendant contends there is no evidence in the record to establish any agreement by it to pay the plaintiff, and if any evidence should exist "the contrary evidence is so overwhelming that it was error to deny...
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