Henderson v. Evans

Ness, Justice:

Appellant instituted this action to foreclose a mechanic’s lien and to' recover the balance due on a construction contract. The trial court granted summary judgment in favor of the respondents. We reverse.

In February of 1975 appellant contracted to construct respondent’s home. The agreed contract price was $28,528.00 of which $26,000.00 has been paid. The respondents have refused to pay the balance of the debt alleging the unenforceability of the contract under Section 56-1545.31 et seq., Code of Laws (Cum. Supp. 1975), as well as defective workmanship. The trial judge, granting…