Bauer v. Cook

This is an appeal from a judgment of the District Court, Missoula county, foreclosing a mechanic’s lien on a dwelling house and directing defendants to pay the lienholder’s costs and attorney fees.

In January 1975, James and Dieta Maria Cook contacted Blaisus J. Bauer, Jr., a building contractor, for the purpose of discussing the construction of a dwelling- house on property located in Missoula County, Montana. Bauer, who had been in the construction business since 1971 and had built approximately thirty houses in that time, agreed to build the home. On February 19, 1975, the parties entered…