Mitchell v. Riverside National Bank

JUNELL, Justice.

This is an appeal from a judgment ordering that defendant Riverside National Bank (“Riverside”) retain its lien against plaintiff Mitchell’s property in the amount of $3,548.00 and ordering a default judgment in favor of Mitchell against defendant Nay-lor in the amount of $3400.00. Mitchell contends the court erred in determining the amount of the lien, Riverside’s recovery on the note being subject to any defenses available to Mitchell under the contract. We agree and reform and affirm the judgment.

On June 27, 1973, Mitchell executed a builder’s and mechanic’s lien contract…