Nelson v. Hazel

SMITH, Justice.

Respondent initially instituted the present action to foreclose a mechanic’s and materialman’s lien for labor and materials furnished in remodeling appellants’ home. The trial court found that although there were instances of defective construction, the contract had been substantially performed, and the court entered judgment in favor of respondent.

Upon appeal, in disposition of the first appeal, 89 Idaho 480, 406 P.2d 138 (1965), this Court reversed the lower court, holding that respondent was not entitled to foreclose his lien because the construction contract had not been…