Luvaul v. Holmes

COMPTON, Justice.

This is an action to recover the reasonable value for materials furnished in the alteration and construction of Mountain View Hotel in Capitán, New Mexico. Appellant’s complaint alleged such reasonable value to be $1,130.08, and asked judgment accordingly. Appellees denied any liability whatever. They admitted, however, that some materials had been furnished by appellant and used by them, and alleged a total payment to appellant of $2,597.29, being $1,467.21 in excess of the amount claimed by him. By counterclaim they alleged an overpayment of $1,467,21 and asked judgment for…