Totten v. Stewart

STANLEY, Commissioner.

The appellant, James Totten, built a house for D. F. Stewart and wife for the contract price of $18,500. Totten sued the Stewarts to recover a balance of $2,500 due on the contract and $1,075.50 for extra work and material, subject to certain credits. He prayed judgment for $2,734.50 and the enforcement of a mechanic’s and ma-terialman’s lien. The defendants filed a traverse and counterclaim for damages for failure to complete the house according to the plans and specifications, for defective workmanship and inferior materials. They prayed that the petition be dismissed…