LOUIE'S FLOOR COVERING v. DePHILLIPS INTERESTS

No. 85-275.

378 N.W.2d 923 (1985)

LOUIE'S FLOOR COVERING, INC., Appellant, v. DePHILLIPS INTERESTS, LTD., Defendant, and Robert K. McNurlen, Appellee.

Supreme Court of Iowa.

December 18, 1985.


Attorney(s) appearing for the Case

James L. Sayre and Linda G. Hanson of Sayre & Gribble, P.C., Des Moines, for appellant.

William Wimer and Steven H. Shindler of Wimer, Hudson, Flynn & Neugent, P.C., Des Moines, for appellee.

Considered by UHLENHOPP, P.J., and HARRIS, LARSON, CARTER and WOLLE, JJ.


HARRIS, Justice.

This action to foreclose a mechanic's lien presents again the question of who must stand the loss occasioned by a failed building contractor. Is it the purchaser of a house who paid the full purchase price to the builder, or is it the furnisher of material and labor who was not paid by the builder? In Home Carpet, Inc. v. Bob Antrim Homes, 210 N.W.2d 652 (Iowa 1973), we placed the loss on the purchaser. Under...

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