Carlton Co. v. Allen

Clark, Judge.

Plaintiff was engaged by defendant to make certain repairs on defendant’s heavy duty tractor. Upon completion of the work, defendant refused to pay. Thereupon plaintiff filed a mechanic’s lien on the tractor and thereafter brought this suit to foreclose the lien. Defendant contended that there had been a failure of consideration because the tractor did not operate properly. The jury returned a verdict in defendant’s favor and judgment was entered accordingly. From the denial of his motion for directed verdict, motion for judgment n.o.v., and motion for new trial, plaintiff…