KITCHEN SUPPLIERS, INC. v. ERB CO.

Docket No. 105831.

176 Mich. App. 602 (1989)

440 N.W.2d 50

KITCHEN SUPPLIERS, INC v. ERB LUMBER COMPANY

Michigan Court of Appeals.

Decided April 18, 1989.


Attorney(s) appearing for the Case

May, Gowing & Simpson (by Ronald P. Strote and John A. Forrest), for Erb Lumber Company.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Michael A. Lockman and Kevin Thom, Assistant Attorneys General, for the Homeowner Construction Lien Recovery Fund.

Before: GILLIS, P.J., and SULLIVAN and GRIFFIN, JJ.


PER CURIAM.

Defendant Erb Lumber Company appeals as of right from a lower court order dismissing both its claim to foreclose a construction lien on the property of defendants Frank and Christine Johannes and its claim to collect the amount of the lien from defendant Homeowner Construction Lien Recovery Fund. We affirm in part, reverse in part and remand.

I

On March 19, 1984, Erb supplied lumber and other materials to Liberty Building Company for use...

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