PECK v. IVES

No. 9384.

499 P.2d 684 (1972)

84 N.M. 62

James L. PECK, d/b/a James L. Peck Construction Company, Plaintiff-Appellant, v. Burl IVES, Defendant-Appellee.

Supreme Court of New Mexico.

July 21, 1972.


Attorney(s) appearing for the Case

McDermott, Connelly & Stevens, Santa Fe, for plaintiff-appellant.

Bigbee, Byrd, Carpenter & Crout, Paul D. Gerber, Santa Fe, for defendant-appellee.


OPINION

STEPHENSON, Justice.

This is an appeal from a summary judgment in an action to foreclose a mechanic's lien. Appellant-contractor ("appellant") and appellee-owner ("appellee") orally agreed for appellant to construct a house for appellee. After the work was completed appellant, alleging that $19,683.65 was left unpaid under the agreement, filed suit seeking foreclosure on a mechanic's lien in that amount against the property. After appellee had answered...

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