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AAA ELEC. & NEON SERVICE v. R-DESIGN CO.

No. C1-84-1800.

364 N.W.2d 869 (1985)

AAA ELECTRIC & NEON SERVICE, INC. d/b/a Ace Electric and Neon Service, a Minnesota corporation, Appellant, v. R-DESIGN CO., et al., Lumberman's Investment Corporation, Respondents, Armor Security, Inc., Defendant.

Court of Appeals of Minnesota.

March 26, 1985.

Attorney(s) appearing for the Case

John F. Markert, Bloomington, for AAA Electric & Neon Service, Inc., d/b/a Ace Electric and Neon Service, a Minnesota corp.

Roger W. Kuehn, St. Paul, for R-Design Co., et al.

William L. Killion, Minneapolis, for Lumberman's Inv. Corp.

Heard, considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ.

OPINION

RANDALL, Judge.

AAA Electric ("AAA") brought this action to foreclose a mechanic's lien. Defendant Lumberman's, which held the mortgage on the subject property and wished to protect its priority, brought a motion for summary judgment on the grounds that AAA had not included mandatory statutory notice language in the underlying contract. Lumberman's also claimed that AAA had not commenced the action within one year of performing the last work, as...

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