DURANT CONSTR., INC. v. GOURLEY

Docket No. 57575.

125 Mich. App. 695 (1983)

336 N.W.2d 856

DURANT CONSTRUCTION, INC. v. GOURLEY

Michigan Court of Appeals.

Decided May 17, 1983.


Attorney(s) appearing for the Case

Schuur, Keating & Wells, P.C. (by Patrick J. Keating), for plaintiff.

Fischer, Franklin, Ford, Simon & Hogg (by George Hogg, Jr., and Arthur J. LeVasseur), for National Bank of Ypsilanti.

Before: BEASLEY, P.J., and V.J. BRENNAN and WAHLS, JJ.


BEASLEY, J.

Plaintiff, Durant Construction, Inc., appeals as of right from an order granting accelerated judgment in favor of defendant, National Bank of Ypsilanti. The gravamen of this case is whether a first mortgage held by defendant bank has priority over a mechanics' lien held by plaintiff. The issue depends upon the legal effect of alleged waivers of lien given by plaintiff to defendant.

In ruling upon defendant's first motion for accelerated judgment...

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