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TOTTEN v. STEWART

286 S.W.2d 539 (1955)

James TOTTEN, Appellant, v. D. F. STEWART et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 24, 1956.

Attorney(s) appearing for the Case

John M. Berry, D. K. Floyd, New Castle, for appellant.

John W. Coomes, New Castle, for appellees.

STANLEY, Commissioner.

The appellant, James Totten, built a house for D. F. Stewart and wife for the contract price of $18,500. Totten sued the Stewarts to recover a balance of $2,500 due on the contract and $1,075.50 for extra work and material, subject to certain credits. He prayed judgment for $2,734.50 and the enforcement of a mechanic's and materialman's lien. The defendants filed a traverse and counterclaim for damages for failure to complete the house according...

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