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CARKEEK v. AYER

No. 14976.

613 P.2d 1013 (1980)

Riley G. CARKEEK, d/b/a Silvertip Construction Co., Plaintiff and Respondent, v. Eugene AYER, Defendant and Appellant, and Simkins-Hallin, Inc., Intervenor.

Supreme Court of Montana.

Decided July 23, 1980.

Rehearing Denied August 6, 1980.

Attorney(s) appearing for the Case

Berg, Morgan, Coil & Stokes, Bozeman, for defendant and appellant.

Drysdale, McLean, Screnar & Cok, Bozeman, for plaintiff and respondent.

HASWELL, Chief Justice.

This is an appeal from an award of attorney fees by a property owner who successfully defended against an attempted mechanic's lien foreclosure.

Plaintiff Carkeek, the lienholder, sued defendant Ayer, the lienee, to foreclose a lien for $6,200 for labor and materials furnished in constructing two barns on the latter's property. The lienee resisted the attempted foreclosure and counterclaimed for approximately $6,000 damages for defective...

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