Dean v. Rutherford

Plaintiff Fred Dean, d/b/a Dean Mansonry, brought suit against defendants James S. Rutherford and Dorothy Rutherford seeking to foreclose a mechanics’ lien against defendants’ residence premises for work done in the construction of three brick and masonry fireplaces, the repair of a fourth fireplace and the partial enclosure of the range and stove area in the kitchen. Defendants counterclaimed alleging in count I that plaintiff failed to fulfill his contract because he did not perform the masonry construction in a workmanlike manner and alleging in count II that plaintiff breached an express…