Tucker v. Northcutt

HALE, Justice.

Appellant, a building contractor, entered into a mechanic’s lien contract with appel-lees to build a house according to certain plans and specifications for $6,900. During the progress of the work appellees paid $3,450 to appellant but when the building was finally tendered to them they refused to accept the same or to make any further payment under the contract, upon the ground that the house had not been constructed in accordance with the plans and specifications agreed upon. Appellees then brought this suit against appellant as an action in trespass to try title and in the…