A.A. BAXTER CORP. v. HOME OWNERS & LENDERS

Docket No. 9564.

7 Cal.App.3d 725 (1970)

86 Cal. Rptr. 854

A.A. BAXTER CORPORATION, Plaintiff and Appellant, v. HOME OWNERS & LENDERS, Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

May 19, 1970.


Attorney(s) appearing for the Case

COUNSEL

Gray, Cary, Ames & Frye, Frederick P. Crowell and Terry D. Ross for Plaintiff and Appellant.

Wenke, Pilskaln, Kemble & Marx and W. Patrick O'Keefe, Jr., for Defendants and Respondents.


OPINION

COUGHLIN, J.

Plaintiff, a grading and excavating contractor, appeals from that part of a judgment denying foreclosure of an asserted mechanic's lien upon property owned by those defendants who were homeowners of and lenders having liens on a part of the property described in the claim of lien.

The action arose out of two contracts; one under date of December 12, 1963, for excavating and grading an undeveloped tract...

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