Kahle v. McClary

Matson, Justice.

In an action to foreclose a mechanics lien, defendant First Federal Savings and Loan Association appeals from an order denying its motion for a new trial.

The facts are as follows: Prior to August 9, 1955, defendants W. R. McClary and Esther McClary, his wife, (herein referred to as McClarys) decided to convert their one-family dwelling into a duplex. Plaintiff, a heating and plumbing contractor, entered into a verbal agreement with McClarys to make the necessary changes in the heating system. Payment was to be made on a quantum meruit basis. On August 9, 1955, the work began.…