E. A. POLACK PLUMB. & HEATING v. A. S. A. BLDRS.

Nos. 36180, 36166.

534 S.W.2d 505 (1976)

E. A. POLACK PLUMBING & HEATING CO., INC., et al., Respondents, v. A. S. A. BUILDERS, INC., et al., Appellants.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing or Transfer Denied February 26, 1976.

Application to Transfer Denied April 14, 1976.


Attorney(s) appearing for the Case

Stephen N. Limbaugh, Limbaugh, Limbaugh & Russell, Cape Girardeau, for South K Corp.

J. Turner Jones, Jones, Knight & Ford, Columbia, for Cape Pizza, Inc.

Oliver, Oliver & Jones, John L. Oliver, Jr., Cape Girardeau, for respondents.


CLEMENS, Presiding Judge.

Equitable mechanic's lien case arising from building a pizzeria at Cape Girardeau. The trial court granted liens to the seven plaintiff-subcontractors against defendant-owner South K Corp. and defendant-lessee Cape Pizza, Inc. and they appeal.

The appellate issues concern the validity of lien waivers executed by each plaintiff. We find five of those waivers were conditional and affirm the judgment granting liens as to those five plaintiffs...

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