JAVERNICK v. SMITH

No. 12805.

609 P.2d 171 (1980)

101 Idaho 104

Rudolph J. JAVERNICK, Plaintiff, Counter-Defendant, and Respondent, v. Joseph H. SMITH and Sharon D. Smith, husband and wife, Defendants, Counterclaimants, and Appellants, and The Idaho First National Bank, a National Banking Association, and First American Title Company of Idaho, an Idaho corporation, Defendants. Charles FINE and Walter Bonney, dba Bonney & Fine Painting, Plaintiffs, Counter-defendants and Respondents, v. Joseph H. SMITH and Sharon D. Smith, husband and wife, Defendants, Counterclaimants, and Appellants. Joseph H. SMITH and Sharon D. Smith, husband and wife, Third Party Plaintiffs and Appellants, v. Rudolph J. JAVERNICK, dba Javernick Construction Co., Third Party Defendant and Respondent.

Supreme Court of Idaho.

April 7, 1980.


Attorney(s) appearing for the Case

Vernon K. Smith, Boise, for defendants, counterclaimants, and appellants.

E. Don Copple, Boise, for plaintiff, counter-defendant, and respondent.


BAKES, Justice.

This case consists of two actions brought to foreclose labor and materialmen's liens on real property owned by the defendant appellants Smiths. The two liens were filed to secure claims by a general contractor, Javernick, and by a painting subcontractor, Bonney & Fine Painting, for money allegedly owing for material and labor used in construction of a custom built house for the defendant appellants Smiths...

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