McClory v. Gay

Defendants appeal the judgment of the trial court, sitting without a jury, awarding them damages on their counterclaim, contending the damages were insufficient. Plaintiff cross-appeals, contending the damages awarded defendant were not justified by the evidence. Both parties contend our review is de novo. The threshold question is whether we review this matter as an action in law or as a decree in equity.

Plaintiff, a building contractor, filed a suit in equity to forclose a mechanic’s lien in the amount of $7,675, for the balance due on a contract for construction of a dwelling on real…