Wagstaff v. Remco, Inc.

CROCKETT, Justice:

David B. Wagstaff, dba Triangle Drywall Company, a subcontractor, sued defendant Remco, Inc., a general contractor, for amounts due on the construction of The Village Apartments, a 60-unit apartment complex in Cedar City, in the summer of 1972. Remco denied indebtedness; counterclaimed that Triangle had caused Remco damages by failure to perform; and by wrongfully filing and refusing to cancel a labor and materialman’s lien. 1 Upon a plenary trial, the court found the issues in favor of Wagstaff and rendered a judgment for $4,064.94 (plus interest and attorney’s fees) 2 and…