Montgomery Holdings, LLC v. Christopher J. Merlo

Syllabus

This is a consolidated foreclosure/breach of contract action arising out of the contract between Montgomery Holdings, LLC d/b/a IBI Builders (IBI) and Christopher J. Merlo for the construction of Merlo's custom home. Merlo terminated the construction contract while still owing $255,534.86 according to IBI's balance sheet for the project. IBI filed a mechanic's lien and foreclosure action and a breach of contract claim. Merlo counterclaimed and also brought suit against Gregory K. Grissinger, Jr. and John Montgomery , the primary members of IBI, individually. After a bench trial, the master-in-equity awarded a $402,861.66 verdict in favor of IBI and ordered the sale of the property. Merlo appeals, and we affirm.