Chickering v. George R. Ogonowski Const. Co., Inc.

KRUCKER, Chief Judge.

This appeal arises out of a lawsuit instituted by the appellee construction company to resolve a dispute between it and appellant, owner of a home built by the appellee. The suit sought foreclosure of a materialmen’s lien in the amount of $6,938.82 for labor and materials allegedly furnished by the builder.

The pre-trial order set forth the following issues to be tried: (1) Whether the lien was valid; (2) the terms of the contract and whether there was a breach or anticipatory breach of such terms; (3) if so, whether such breach would prevent foreclosure of the lien; (4)…