Asp v. O'BRIEN

WAHL, Justice.

This appeal involves a suit to foreclose a mechanic’s lien and a counterclaim for defective and undelivered merchandise. The trial court held that plaintiff was entitled to a specific lien in the amount of $4,359.46 plus $377.47 interest, $190.00 disbursements, and $2,400.00 attorney’s fees, less $500.00 for the diminution in value of the cabinets due to defects or flaws in the materials or craftsmanship.

The issues are: (1) whether the evidence sustains the trial court’s finding that the contract was substantially performed; (2) whether the trial court erred in granting damages…