FOLEY CO. v. WALNUT ASSOCIATES

No. KCD 30541.

597 S.W.2d 685 (1980)

The FOLEY COMPANY, Plaintiff, v. WALNUT ASSOCIATES, a limited partnership, et al., Defendants, New York Life Insurance Company, Jerome M. Rubenstein, and Chicago Title Insurance Company, Defendants-Appellants, J. H. Mackay Electric Company, Inc., Defendant-Respondent.

Missouri Court of Appeals, Western District.

April 7, 1980.


Attorney(s) appearing for the Case

Donald W. Giffin, Gardiner B. Davis, Kansas City (Spencer, Fane, Britt & Browne, Kansas City, of counsel), for defendants-appellants.

Samuel J. Molby, Randall C. Werntz, Kansas City (Watson, Ess, Marshall & Enggas, Kansas City, of counsel), for defendant-respondent.

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


DIXON, Judge.

The appeal in the instant case is from a judgment of the trial court, sitting in equity, which: found that J. H. Mackay Electric Company, Inc. was entitled to payment from the owner for construction work upon the Mercantile Bank Building, declared the amount due to be secured by a mechanic's lien, and imposed prejudgment interest upon a portion of the judgment.

The issues are the validity of the lien, the propriety of the prejudgment interest...

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