Gourley v. Towery

Plaintiff brought this action to foreclose a lien for labor and materials and to recover quantum meruit damages. Defendants filed a counterclaim against plaintiff and a cross-complaint against four cross-defendants, alleging waste and other torts. The trial court denied foreclosure but awarded plaintiff quantum meruit damages against defendants and awarded damages on defendants’ waste claim from cross-defendants to cross-complainants. Defendants’ damages exceeded the quantum meruit award by $81.45. The relevant language of the judgment is reproduced in the margin.1

Defendants moved for an…