Peck v. Ives

OPINION

STEPHENSON, Justice.

This is an appeal from a summary judgment in an action to foreclose a mechanic’s lien. Appellant-contractor (“appellant”) and appellee-owner (“appellee”) orally agreed for appellant to construct a house for appellee. After the work was completed appellant, alleging that $19,683.65 was left unpaid under the agreement, filed suit seeking foreclosure on a mechanic’s lien in that amount against the property. After appellee had answered and counterclaimed (alleging various deficiencies in the structure) and depositions had been taken, appellee filed a motion for summary…