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SUMMIT LUMBER CO., INC. v. HIGGINBOTHAM

No. KCD 29364.

570 S.W.2d 323 (1978)

SUMMIT LUMBER COMPANY, INC., Plaintiff-Respondent, v. John W. HIGGINBOTHAM, John D. Mahan, Jr., and Joan L. Mahan, Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

July 31, 1978.

Attorney(s) appearing for the Case

Milton B. Edmonson, Greenwood, for defendants-appellants.

Richard J. Koury, II, Independence, for plaintiff-respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.

TURNAGE, Judge.

Summit Lumber Company sought to enforce a mechanic's lien on certain real estate originally owned by John W. Higginbotham and later sold to John Mahan, Jr. and Joan Mahan. The Mahans filed a cross claim against Higginbotham in which they sought judgment for any amount which might be found due Summit and enforced by a mechanic's lien on the property they had purchased from Higginbotham. The court found in...

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