Herbert & Brooner Construction Co. v. Golden

SHANGLER, Judge.

Plaintiff Herbert & Brooner Construction Company, Inc., brought an action to enforce a mechanic’s lien upon land and improvements owned by defendant Golden and to impress the lien with priority over the first deed of trust of defendant New England Mutual Life Insurance Company and the second deed of trust of defendant Metcalf State Bank. Defendant Golden counterclaimed for damages from delay in construction and defective work. The court awarded $33,916.77 on the petition and $5,799.40 on the counterclaim — less than the full monetary relief sought by either — and accordingly…