Builders Specialties Company v. Swanson

LUND, Circuit Judge.

This is an action to foreclose a mechanic's lien, with interest and costs and attorney's fees, as the balance owing for the construction of an addition to, and remodeling of defendants' residence in the City of Pierre. Plaintiff, by his complaint, alleged both the theory of contract and quantum meruit. Defendants, in addition to a general denial, and by way of counterclaim, pleaded a contract for a specified sum with the work to be completed in eight weeks, and alleged that the plaintiffs breached the contract in failing to perform the work in a careful, customary, and…