LYNCH v. McCANN

No. 1142.

478 P.2d 835 (1970)

Paul LYNCH and June I. Lynch, Appellants, v. Alfred O. McCANN and James J. Peot, d/b/a McCann and Peot, Willis Flooring Company, and Arrow Lumber Company, Inc., Appellees.

Supreme Court of Alaska.

December 18, 1970.


Attorney(s) appearing for the Case

Juliana D. Wilson of Wilson & Wilson, Anchorage, for appellants.

Edward G. Burton of Burr, Pease & Kurtz, Inc., Anchorage, for appellee Arrow Lumber Co., Inc.

Albert Maffei, Anchorage, for appellees McCann and Peot.

No appearance for appellee Willis Flooring Co:

Before DIMOND, RABINOWITZ, and CONNOR, JJ., and FITZGERALD and LEWIS, Superior Court Judges. [BONEY, Chief Justice, not participating].


OPINION

RABINOWITZ, Justice.

This appeal concerns questions of priority between mechanics' lienors and beneficiaries under a deed of trust. Appellants Paul and June Lynch, together with Joseph and Margaret Reilly, were partners in the ownership and operation of an Anchorage bar named "Pal Joey."1 The Reillys desired to add restaurant facilities to the Pal Joey bar, but the Lynches did not, so the Reillys agreed to buy out the...

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