Welling v. American Roofing and Sheet Metal Co‪.‬

1 Homeowner plaintiffs appeal from a judgment on a counterclaim foreclosing a lien on their property in favor of defendant roofer. Early in 1975, plaintiff contracted with Mike Wells, a general contractor, to do a room addition to their home. Wells contacted defendant to obtain a price quotation for re-roofing the entire house, including the new room addition. The price was given to Wells to be $740 for the roof on the new addition, and $3,900 for the rest of the house. Wells told defendants agent that he would have to get plaintiffs approval. Defendants agent took some shingle samples to plaintiffs house and he and the plaintiffs discussed the re-roofing project. Defendant agreed with plaintiffs to lower the price from $3,900 to $2,700 in exchange for plaintiffs tearing off the old roof themselves. Defendant thereafter furnished the roofing material and performed the labor. Because of defendants failure to adequately seal (or "Dry-in") the roof during construction, plaintiff refused to pay for the roofing and claimed rain damage to their home and contents in the sum of $1,188.46.