Lundstrom Construction Company v. andrew

This is an action by plaintiff, a building contractor, to foreclose a mechanics lien. Plaintiff and defendants entered into a written contract on January 9, 1953, for the construction of a private residence for defendants. Six blueprints (or plans) and a four-page "Description of Materials" (specifications) were also prepared. The contract price was $45,000. Work began at the Lake Minnetonka site in January 1953 and continued sporadically until December 1953, although the job was substantially completed in August 1953. As required by the contract, defendants made large monthly payments. By September it was clear that defendants were dissatisfied with several aspects of the work. Defendants, by letter of September 1, 1953, informed plaintiff that they would not pay the August bill "until complete waivers are received * * *." Plaintiff furnished defendants with several lien waivers of subcontractors, and on October 6, 1953, plaintiff also executed his own mechanics lien waiver. Four days after receiving plaintiffs lien waiver, defendants made a payment of $5,494; leaving a balance of $6,322.73 still owing under the contract. Defendants have made no further payments. Plaintiff brought this action to recover not only such contract balance but also $3,056.39 for "extras."