Smith Construction Co. v. Knights of Columbus, Council 1226

OPINION

MARTINEZ, Justice.

Plaintiff (appellant) brought suit on February 23, 1973 in the District Court of Dona.Ana County to obtain judgment for breach of contract in the amount of $10,811.58 and for a foreclosure of a Mechanic’s and Materialman’s Lien. Appellant had contracted with Defendant (appellee) to construct certain improvements on real property owned by appellee. In return, appellee agreed to pay appellant $75,-723 plus extras in the amount of $1,468.27.

Allegedly, construction on the real property was substantially completed on August 2, 1972, while certain improvements were not made…