Allan & Leuthold, Inc. v. TERRA INVESTMENT COMPANY

Plaintiff brought this case in a court of equity to foreclose a mechanic’s lien for surveying work upon defendant Terra Investment Company’s property. Defendant then filed a legal counterclaim for damages because of poor workmanship arising out of the surveying which was the basis for plaintiff’s claim. The trial judge erroneously overruled plaintiff’s objection to defendant’s legal counterclaim in what was then, ostensibly, an equity case. When put to proof plaintiff could not prove a valid lien. After plaintiff failed to prove equitable cognizance in its case in chief, defendant did not…