Valmor Distributors, Inc. v. Kanter Enterprises, Inc.

We conclude that it was error for the trial court to dismiss the claim for a mechanic's lien. Accordingly, we reverse the dismissal, remand for retrial and direct on remand that the surety bond be reinstated. We also reverse the award of appellee’s attorney’s fee.

Because the trial court’s finding that appellant is due $48,260 is not contrary to the manifest weight of the evidence, appellant can recover no more than that amount on the contract. However, we find that there is no substantial competent evidence on which to base a set-off. Accordingly, on remand, we direct the judgment in favor of…