Jerry Beck v. H. Roger Lawler

Appellee Jerry Beck, a painting contractor, plaintiff below, sued appellant-defendant H. Roger Lawler (the parties hereinafter will be referred to as they appeared in the Trial Court) for $5,107.20, the balance allegedly due for painting and wallpapering the defendants residence and an apartment project, for foreclosure of a statutory mechanics lien on the apartment project, prejudgment interest from June 10, 1964, and attorneys fees. Defendant contended that plaintiff had not properly and completely fulfilled his contracts with defendant, requiring defendant to hire another painting contractor to complete said contract on the apartments and house at a cost to defendant of more than plaintiff was suing for. Defendant further contended that plaintiff was not entitled to pre-judgment interest nor attorneys fees because of the nature of the suit. After a jury trial, the Court entered judgment on the verdict for plaintiff in the amount of $5,107.20, and foreclosure of the mechanics and materialmens lien, but denied pre-judgment interest and denied attorneys fees. Plaintiff appealed from that portion of the judgment disallowing interest and attorneys fees and defendant has appealed from the judgment for plaintiff for $5,107.20, which appeals are now docketed in this Court as Causes Nos. 16865 and 16887, respectively.