ASP v. O'BRIEN

No. 48145.

277 N.W.2d 382 (1979)

J. Bradley ASP, d.b.a. Pride of Craftsman, Respondent, v. James R. O'BRIEN, Appellant, Southside Lumber Company et al., Defendants.

Supreme Court of Minnesota.

March 23, 1979.


Attorney(s) appearing for the Case

John R. Kotts, Minneapolis, for appellant.

Larson Law Firm, Robert P. Larson, Wayzata, for respondent.

Considered and decided by the court without oral argument.


WAHL, Justice.

This appeal involves a suit to foreclose a mechanic's lien and a counterclaim for defective and undelivered merchandise. The trial court held that plaintiff was entitled to a specific lien in the amount of $4,359.46 plus $377.47 interest, $190.00 disbursements, and $2,400.00 attorney's fees, less $500.00 for the diminution in value of the cabinets due to defects or flaws in the materials or craftsmanship.

The issues are: (1) whether the evidence...

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