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CATO v. DAVID EXCAVATING CO., INC.

No. 1-1081A311.

435 N.E.2d 597 (1982)

Darrell CATO and Linda Cato, Defendants-Appellants, v. DAVID EXCAVATING CO., INC., Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

May 27, 1982.

Attorney(s) appearing for the Case

Richard H. Adin, Fields & Adin, Professional Corp., Evansville, for defendants-appellants.

Donald R. Wright, Lynn, Wright, Evans & Daly, Evansville, for plaintiff-appellee.

RATLIFF, Presiding Judge.

STATEMENT OF THE CASE

Defendants-appellants Darrell Cato and Linda Cato appeal from the judgment of the Gibson Circuit Court in favor of David Excavating Co., Inc., on its complaint for foreclosure on a mechanic's lien and on the Catos' counterclaim. We affirm in part and reverse in part.

STATEMENT OF THE FACTS

During July and August of 1978, the Catos entered into a contract with David Excavating, by its president...

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