Fehlinger v. Boos

GREEÑBAUM, J.

This being a demurrer by defendant to- the sufficiency of the first and second separate defenses of plaintiff’s reply to the counterclaim set up in the answer of the defendant, the sufficiency óf the alleged counterclaim properly may be considered upon its attack by the .plaintiff. The action is brought to foreclose a mechanic’s lien upon an alleged unpaid balance due to plaintiff under a building contract and for extra work. The counterclaim is for liquidated damages by reason of the failure on plaintiff’s part to complete wi.thin the time fixed in the contract. The contract…