CENT. WHOLESALE DISTRIBUTORS v. DAY

No. WD 34820.

672 S.W.2d 88 (1984)

CENTRAL WHOLESALE DISTRIBUTORS, A DIVISION OF TOPEKA LUMBER, INC., Appellant, v. James DAY, d/b/a Rainbow Roofing, et al., Respondents.

Missouri Court of Appeals, Western District.

May 1, 1984.


Attorney(s) appearing for the Case

Peter M. Somerville, Rockport, and Wendell F. Cowan, Jr. and Gary M. Korte, Topeka, Kan., for appellant.

R. Dan Boulware and Michael L. Taylor, St. Joseph, for defendants, Bethesda Foundation, Tarkio Dev. Co., First Federal Sav. & Loan Assoc. of St. Joseph.

Thomas D. Watkins, St. Joseph, trustee for First Fed. Sav. & Loan.

Before PRITCHARD, P.J., and MANFORD and NUGENT, JJ.


MANFORD, Judge.

This is a civil action seeking judgment on a mechanic's lien. The circuit court entered a judgment of dismissal for noncompliance with Chapter 429, RSMo 1978 upon failure to join a necessary party. The judgment is affirmed.

Three points are presented which charge that the trial court erred in dismissing appellant's claim, because (1) the trial court had jurisdiction over the necessary party (the general contractor), (2) respondents waived their...

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