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WESTERN PLUMBING OF BOZEMAN v. GARRISON

No. 13213.

556 P.2d 520 (1976)

WESTERN PLUMBING OF BOZEMAN, and John Metcalf, d/b/a J & J Masonry, Plaintiffs and Respondents, v. Rupert T. GARRISON and Joan N. Garrison, Defendants and Appellants.

Supreme Court of Montana.

Decided September 17, 1976.

Attorney(s) appearing for the Case

Chester L. Jones (argued), Virginia City, for defendants and appellants.

William E. Gilbert (argued), Bozeman, for plaintiffs and respondents.

HASWELL, Justice.

In an action to foreclose liens for labor and materials, the homeowners paid the amounts claimed with interest after the suit was filed but prior to trial. The lienholders proceeded to trial thereafter and secured judgment for attorney fees. The homeowners appeal.

The homeowners, Rupert T. Garrison and Joan N. Garrison, were having a home constructed for them in Madison County in 1974. In the summer and fall of that year they entered into...

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