ABBOTT CONSTRUCTION, INC. v. ABILENE MOTORS, INC.

No. 45,505

204 Kan. 335 (1969)

461 P.2d 795

ABBOTT CONSTRUCTION, INC., Appellant, v. ABILENE MOTORS, INC., and THE ABILENE NATIONAL BANK, Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 1969.


Attorney(s) appearing for the Case

Richard E. Blackwell, of Salina, argued the cause, and was on the brief for the appellant.

Robert H. Royer, of Abilene, argued the cause, and was on the brief for appellee, Abilene Motors, Inc.

William A. Guilfoyle, of Abilene, was on the brief for appellee, The Abilene National Bank.


The opinion of the court was delivered by

FONTRON, J.:

This action is one to foreclose a mechanic's lien against real estate owned by Abilene Motors, Inc., hereafter referred to as defendant or Abilene Motors. The lien claim is predicated on a written contract for the construction by the plaintiff, sometimes called Abbott herein, of an Armco steel building. The Abilene National Bank was joined as a party defendant solely because of its status as a mortgage...

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