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ORTO v. JACKSON

No. 3-180A12.

413 N.E.2d 273 (1980)

Andrew R. ORTO and James Stewart, a Partnership d/b/a Com-Lux Builders, Appellants (Plaintiffs below), v. Hubert F. JACKSON and Violet A. Jackson, Husband and Wife et al., Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

December 4, 1980.

Attorney(s) appearing for the Case

Daniel G. Hoebeke, William J. Muha, Highland, for appellants.

Rhett L. Tauber, Merrillville, for appellees.

CHIPMAN, Judge.

Andrew Orto and James Stewart, d/b/a Com-Lux Builders contracted to build a house for Hubert and Violet Jackson. The home contained numerous defects and the Jacksons refused to pay the builders the agreed contract price. The builders brought suit to foreclose their mechanic's lien and the Jacksons counterclaimed for damages. The trial court ordered a foreclosure but also awarded various damages to the Jacksons and the builders appeal. We affirm.

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