North Iowa Steel Company v. Staley

The question presented on this appeal is whether a counterclaim is permitted in an action to foreclose a mechanic’s lien. The appeal is from a ruling on a motion to dismiss the counterclaim. Only the pleadings, motions and rulings thereon are before us. Our consideration is limited thereto.

Plaintiff claims that pursuant to contract two grain storage buildings were erected for defendant. Thirty thousand dollars has been paid and $30,230 remains unpaid on the contract price. Plaintiff filed a mechanic’s lien and sought foreclosure thereof. Defendant answered alleging breach of warranty and…