Carlson Homes, Inc. v. Messmer

SAND, Justice.

The plaintiff, Carlson Homes, Inc. [Carlson], appealed from a $3,500.00 judgment, on the counterclaim of the defendants, Brian J. and Dianna L. Messmer [Messmers].

Carlson initially began this action against the Messmers for the balance due on a home construction contract. The Messmers’ answer denied liability for the balance due on the contract and interposed a counterclaim which alleged that Carlson was “negligent in the performance of its landscaping work and did not complete the landscaping in a workmanlike manner.” The Messmers’ counterclaim further alleged that “due to the…