Ralph Allen, Inc. v. Lumpkin

Plaintiff (Allen), building contractor, brought this suit to foreclose its mechanic’s lien on defendants’1 improved real property. Defendants filed a general denial and six affirmative answers and counterclaims. Only the last three of these are relevant to this appeal. In their fourth, fifth, and sixth counterclaims, defendants allege that the lien included nonlienable items, that the lien notice included items not chargeable under the contract, and deviations from specifications and the building plans. Defendants’ third counterclaim constituted a legal counterclaim for breach of contract…