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FIRST NAT. BANK IN CRESTON v. SMITH

No. 68036.

331 N.W.2d 120 (1983)

The FIRST NATIONAL BANK IN CRESTON, Creston, Iowa, A Corporation, Appellant, v. Martha A. SMITH, d/b/a Ludwig Bavarian Inn, A Sole Proprietorship, and Robert E. Smith, a/k/a Robert Earl Smith, Wife and Husband, and Eugene Cordell, d/b/a Cordell Construction, Appellees. Eugene CORDELL, d/b/a Cordell Construction, Appellee, v. Martha A. SMITH, d/b/a Ludwig Bavarian Inn, A Sole Proprietorship and Robert E. Smith, a/k/a Robert Earl Smith, Wife and Husband, Appellees.

Supreme Court of Iowa.

March 16, 1983.

Attorney(s) appearing for the Case

Paul J. Boysen, Jr., of Camp, Harsh & Boysen, Creston, for appellant.

Lennis J. Holm, of Anderson, Werner & Holm, Creston, and Gordon K. Darling, of Darling, Chickering & Darling, Winterset, for appellee Cordell.

James L. Spellman, of Neiman, Neiman, Stone & Spellman, P.C., Des Moines, for appellees Smith.

Considered by LeGRAND, P.J., and HARRIS, McCORMICK, McGIVERIN, and CARTER, JJ.

CARTER, Justice.

Plaintiff bank appeals from a judgment for defendant contractor on the contractor's counterclaim to declare priority and foreclosure of a mechanic's lien on property on which the plaintiff bank holds a mortgage. On appeal, plaintiff bank asserts that the evidence conclusively established that a document signed by the defendant contractor and designated "waiver of mechanic's lien" was in fact a complete waiver of any claim to a lien on the property...

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