De Witt v. Liberty Leasing Company of Alaska

OPINION

ERWIN, Justice.

This is an appeal from a denial of costs and attorney’s fees.

On Novermber 7, 1969, a construction contract was executed by the parties to this appeal under which appellant constructed a warehouse for appellee in Anchorage. After notification that the construction had been completed, appellee refused to tender final payment and, on May 19, 1970, filed suit against appellant seeking damages in excess of $3,000 for allegedly defective and incomplete performance. Appellant filed an answer denying any failure of performance on his part and counterclaimed for $23,649.71, an…