GULDBERG v. GREENFIELD

No. 52135.

146 N.W.2d 298 (1966)

Donald GULDBERG, d/b/a Hampton Heating, Appellee, v. Morris GREENFIELD and Orah A. Greenfield, Appellants.

Supreme Court of Iowa.

November 15, 1966.


Attorney(s) appearing for the Case

Lundy, Butler, Wilson & Hall, Eldora, for appellants.

Whitesell Law Firm, Iowa Falls, for appellee.


GARFIELD, Chief Justice.

We think the principal question this appeal presents is whether a subcontractor who fails to file his mechanic's lien and bring action to enforce it within the times required by sections 572.9 and 572.27, Codes, 1962, 1966, may recover a personal judgment against the owners, secured by an equitable lien against the property, on a theory of implied contract or unjust enrichment. We hold this may not be done under the record we have here.

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