Carkeek v. Ayer

This is an appeal from an award of attorney fees by a property owner who successfully defended against an attempted mechanic’s lien foreclosure.

Plaintiff Carkeek, the lienholder, sued defendant Ayer, the lienee, to foreclose a lien for $6,200 for labor and materials furnished in constructing two barns on the latter’s property. The lienee resisted the attempted foreclosure and counterclaimed for approximately $6,000 damages for defective workmanship, ruined hay and other expenses.

Following a bench trial, the District Court entered judgment for the lienee on the attempted foreclosure, awarded…