This case was affirmed at bar, but we consider it proper to give briefly our reasons for this action.
The claim appears to be defective in that it was for a lump sum with no items of the articles furnished. This cannot be done at all by a subcontractor, nor even by a contractor with the owner, except upon an express contract, which is not averred. But this objection is merely technical and was made too late. The appellant allowed a judgment to be entered against him for want of an affidavit of defence, which is perfectly regular on its face, and no defence is now set up on the merits.
A technical defence on the form of the claim is now too late.
Judgment affirmed.