Sherman v. Meyer

Chet Sherman (appellant) appeals from an order granting appellees’ motion to dismiss. We affirm.

Appellees, Donald and Audrey Meyer, had hired a contractor, Russell Johnson, to do work on their property. Johnson subcontracted work to appellant who filed a mechanic’s lien for his work. In accordance with SDCL 44-9-26, appellees demanded foreclosure of the lien. Appellant counterclaimed for services and goods sold and delivered in the amount of his lien. Appellant released his mechanic’s lien and the court entered an order dismissing appellees’ complaint with prejudice and appellant’s…