Western Plumbing of Bozeman v. Garrison

In an action to foreclose liens for labor and materials, the homeowners paid the amounts claimed with interest after the suit was filed but prior to trial. The lienholders proceeded to trial thereafter and secured judgment for attorney fees. The homeowners appeal.

The homeowners, Rupert T. Garrison and Joan N. Garrison, were having a home constructed for them in Madison County in 1974. In the summer and fall of that year they entered into an agreement with Western Plumbing of Bozeman, Inc., one of the lienholders, whereby Western was to install a furnace, plumbing system and fixtures for three…