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DIECKE v. LUMBER SUPPLY, INC.

No. 52418.

149 N.W.2d 822 (1967)

Friedrich P. DIECKE and Elizabeth B. Diecke, Appellants, v. LUMBER SUPPLY, INC., et al., Defendants, and Earl Yoder Construction Co., Frank Paxton Lumber Co., E. A. Hasley and Leona Hasley, d/b/a Modern Appliance and Mel Roth, Appellees, Johnson County Ready Mix, Intervener.

Supreme Court of Iowa.

April 4, 1967.

Attorney(s) appearing for the Case

Ries & Osmundson, Iowa City, for appellants.

Nolan, Lucas & Nolan, Iowa City, for appellee, Earl Yoder Const. Co.

Neiman, Neiman & Stone, Des Moines, for appellee, Frank Paxton Lumber Co.

Robert E. Ford, Cedar Rapids, for appellees, E. A. Hasley and Leona Hasley, d/b/a Modern Appliance.

Jerry L. Lovelace, Iowa City, for appellee Mel Roth.

MASON, Justice.

This is an appeal in an action for declaratory judgment brought by the owners against the contractor and various mechanic's lienholders to establish the owners' liability under the building contract and the validity and priority of mechanic's liens filed against the owners' real estate.

Friedrich P. Diecke and his wife Elizabeth, owners of a lot in Iowa City, contracted with defendant New Homes Realty, Inc. for construction of a home on it...

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