CHICKERING v. GEORGE R. OGONOWSKI CONST. CO., INC.

No. 2 CA-CIV 1176.

18 Ariz. App. 324 (1972)

501 P.2d 952

John B. CHICKERING, Appellant, v. GEORGE R. OGONOWSKI CONSTRUCTION CO., INC., a corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 17, 1972.

Review Denied January 2, 1973.


Attorney(s) appearing for the Case

Holesapple, Conner, Jones, McFall & Johnson by A.O. Johnson, Tucson, for appellant.

Hirsch & Pakula by Arthur L. Hirsch, Tucson, for appellee.


KRUCKER, Chief Judge.

This appeal arises out of a lawsuit instituted by the appellee construction company to resolve a dispute between it and appellant, owner of a home built by the appellee. The suit sought foreclosure of a materialmen's lien in the amount of $6,938.82 for labor and materials allegedly furnished by the builder.

The pre-trial order set forth the following issues to be tried: (1) Whether the lien was valid; (2) the terms of the contract and...

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