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AMERICAN FENCE CO. OF MIDWEST, v. SUMMERS

No. WD 38173.

719 S.W.2d 496 (1986)

AMERICAN FENCE COMPANY OF the MIDWEST, INC., Appellant, v. Kathleen Anne SUMMERS, et al., Respondents.

Missouri Court of Appeals, Western District.

November 12, 1986.

Attorney(s) appearing for the Case

Ezra Eli Borntrager, Kansas City, for appellant.

Alan E. South, Crews, Smart, South, Whitehead, Reaves and Waits, P.C., Kansas City, for respondents Kathleen Anne Summers and Kathleen Anne Summers, Administratrix.

Brian Timothy Meyers, Epstein and Meyers, Kansas City, for respondents GMAC Mortg. Corp. of Iowa and Steve L. Potts, Trustee.

William J. Dittmeier, UAW-GM Legal Services Plan, Kansas City, for respondents Norman Dale Mitchell and Brenda Gay Mitchell.

Emily Jane Dark, Watson, Ess, Marshall & Enggas, Kansas City, for respondents United Missouri Bank of Kansas City, N.A. and Robert I. Donnellan as Trustee Under Deed of Trust.

Before LOWENSTEIN, P.J., and MANFORD and GAITAN, JJ.

LOWENSTEIN, Presiding Judge.

The following opening statement is offered to explain the utter confusion stemming from this suit to enforce a mechanic's lien. The plaintiff (American Fence) supplied fence to property owned by Mr. and Mrs. Summers pursuant to a contract signed by Mr. Summers. Mr. and Mrs. Summers signed a note and deed of trust to the United Missouri Bank to pay the $7600 price. Several other deeds of trust already existed against the land. Mr. Summers...

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