National Ro-Tile Corporation v. Loomis

SMITH, Justice.

Respondent, as successor to Idaho Bartile Company, instituted this action to recover the contract price of installation of a tile roof upon appellants’ dwelling house, together with attorney fees, alleging performance of its obligation to install the roof, required by a written contract of the parties, respondent’s predecessor and appellants.

Appellants by their answer admit the execution of the contract but deny the remaining material allegations of the complaint. Appellants by way of separate defenses allege:

First: That respondent is barred from maintaining this action because…