Ruzicka v. Petersen

Howard, D.J.

Defendants appeal from a decree foreclosing plaintiff’s mechanic’s lien for labor in the construction of defendants’ house, assigning as error only that a cost estimate submitted by • plaintiff in the amount of $5,490 constituted a fixed contract price, which plaintiff had been paid, and that the court should not have allowed recovery on a quantum meruit basis in a larger amount. Defendants also seek reversal of the trial court’s dismissal of their counterclaim for an alleged mistaken overpayment to plaintiff. There is no claim or question regarding sufficiency or quality of the…