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Paul v. Stone Artisans, Ltd.

Court of Appeals of Indiana

November 14, 2014

TIMOTHY W. PAUL, Appellant-Defendant and Counter-Plaintiff,
v.
STONE ARTISANS, LTD., Appellee-Plaintiff and Counter-Defendant

Page 884

APPEAL FROM THE HAMILTON SUPERIOR COURT. The Honorable William J. Hughes, Judge, The Honorable William P. Greenaway, Magistrate. Cause No. 29D03-1304-PL-3510.

ATTORNEY FOR APPELLANT: JOHN THRASHER, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: PAUL J. CARROLL, Mercer Belanger, P.C., Indianapolis, Indiana.

BAKER, Judge. ROBB, J., and BARNES, J., concur.

OPINION

Page 885

BAKER, Judge.

Timothy Paul appeals the judgment of the trial court finding that he breached his contract with Stone Artisans, Ltd. (Stone Artisans), and foreclosing a mechanic's lien on his home. Finding no error, we affirm.

FACTS

In September 2012, Timothy Paul wanted to replace the countertops and backsplashes in the bathrooms and kitchen of his home. Paul spoke with an interior designer who contacted Stone Artisans on his behalf. The interior designer provided Stone Artisans with information regarding the countertops and backsplashes that Paul desired for his home.

On September 11, 2012, Stone Artisans emailed Paul a contract detailing the cost of the necessary materials and labor needed to install the new countertops and backsplashes. The contract amount totaled $5,499.00. The email accompanying the contract stated: " Please approve of the following contract. Please email me that you approve of the attached contract." Appellant's App. p. 11. Later that day, Paul responded by email, simply stating " agree." Id.

The contract required half of the total amount, $2,749.50, to be paid before Stone Artisans would begin any work on Paul's home. Paul paid this amount by check and Stone Artisans began to perform the work, completing performance at some point before September 30, 2012. Upon completion, both Paul and the interior designer expressed their satisfaction with Stone Artisans's work.

Stone Artisans billed Paul for the remaining amount approximately seven days after completion of the work but did not receive payment from Paul. After a month had passed with no payment from Paul, Stone Artisans filed a Sworn Statement and Notice of Intention to Hold Mechanic's Lien (Mechanic's Lien) in the Office of the Hamilton County Recorder on October 29, 2012. The Mechanic's Lien identified the amount owed by Paul as $2,899.00.

About six months later, on April 17, 2013, Stone Artisans filed a Complaint to Foreclose Mechanic's Lien and for Damages in the trial court. Paul filed an answer on May 15, 2013, claiming, ...


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