FLOUR MILLS OF AM. v. AMERICAN STEEL BLDG. CO.

No. 41154.

449 P.2d 861 (1968)

FLOUR MILLS OF AMERICA, INC., Plaintiff in Error, v. AMERICAN STEEL BUILDING COMPANY, Inc., H.T. Petersen, a Sole Trader, d/b/a P & M Sales, and Belger Cartage Service, Inc., Defendants in Error.

Supreme Court of Oklahoma.

As Amended January 27, 1969.

Rehearings Denied January 28, 1969.


Attorney(s) appearing for the Case

John B. Doolin, Harris, Newcombe, Redman & Doolin, Lawton, Alvin D. Shapiro, Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., for plaintiff in error.

Frank Carter, Otjen, Carter & Huddleston, Enid, John Murphy, Paul Scott Kelly, Jr., Tucker, Murphy, Wilson, Lane & Kelly, Kansas City, Mo., for defendants in error.


LAVENDER, Justice.

This is an action for money judgment and for the establishment and foreclosure of a mechanics' and materialmen's lien.

The case arose out of three contracts. The first was a written contract dated April 14, 1961, between the plaintiff in error (hereinafter called "Flour Mills"), owner of the real property involved, and H.T. Petersen, a sole trader doing business as P & M Sales (hereinafter called...

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