BUILDING SYSTEMS, INC. v. ROCHESTER METAL PROD., INC.

No. 3-774A119.

340 N.E.2d 791 (1976)

BUILDING SYSTEMS, INC., an Indiana Corporation, Plaintiff-Appellant, v. ROCHESTER METAL PRODUCTS, Inc., Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied April 13, 1976.


Attorney(s) appearing for the Case

Tom F. Hirschauer, Miller, Tolbert, Hirschauer & Wildman, Logansport, for plaintiff-appellant.

Jesse A. Brown, Brown, Brown & Rakestraw, Rochester, for defendant-appellee.


HOFFMAN, Judge.

This appeal arises from an action brought by plaintiff-appellant Building Systems, Inc. (contractor) to foreclose a mechanic's lien claimed by it upon certain real estate owned by defendant-appellee Rochester Metal Products, Inc. (Rochester). The trial court ordered such cause dismissed under the provisions of Ind. Rules of Procedure, Trial Rule 41(B), following the presentation of the contractor's case-in-chief. The contractor then filed a

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