Timmons v. Nelsen

This is a suit to foreclose a mechanic’s lien on a new house in the claimed amount of $8,231.17. The answer of the defendants alleges an oral contract between the parties by which plaintiff agreed to-build the house for $32,075.20. Defendants paid $33,500 to the plaintiff and they claim an over-payment of $1,424.80. Defendants also filed a counterclaim for damages in the amount of $4,000 for the failure of the plaintiff to construct a driveway into the garage in accordance with the agreement. The trial court found that plaintiff had established a valid mechanic’s lien in the amount of…