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BURTON DRYWALL v. KAUFMAN

Docket Nos. 58592, 59630. (Calendar Nos. 17, 18).

402 Mich. 366 (1978)

263 N.W.2d 249

BURTON DRYWALL, INC v. KAUFMAN In re CERTIFIED QUESTIONS

Supreme Court of Michigan.

Decided March 13, 1978.

Attorney(s) appearing for the Case

Hertzberg, Jacob & Weingarten, P.C. (by Peter A. Nathan), for plaintiff Burton Drywall, Inc.

Honigman, Miller, Schwartz & Cohn (John Sklar, of counsel) for plaintiff Chase Manhattan Bank.

Barris, Sott, Denn & Driker (by Sharon M. Woods and Stephen E. Glazek) for plaintiff Republic Mortgage Investors.

Weiner & Hauser for defendants Kaufman, Kaufman Brothers Investment Company, and Citizens Mortgage Company.

David Goldman for defendant City Service Insulation Co.

LEVIN, J.

The issue is whether, to preserve the right to a mechanic's lien, one who deals directly with an owner must give notice of intention to claim a lien.

In Mielis v Everts, 264 Mich. 363; 249 NW 875 (1933), this Court held that notice was not required where the lien claimant and the owner dealt directly with each other.

The Court of Appeals, in Burton Drywall, Inc v Kaufman, 69 Mich.App. 85

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