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KAN CITY HEARTLAND CONSTR v. MAGGIE JONES SOUTHPORT CAFE

No. 65,678

250 Kan. 32 (1992)

824 P.2d 926

KANSAS CITY HEARTLAND CONSTRUCTION COMPANY, Plaintiff/Appellee, v. MAGGIE JONES SOUTHPORT CAFE, INC., Defendant, and 95TH & NALL ASSOCIATES, Defendant/Appellant.

Supreme Court of Kansas.

Opinion filed January 17, 1992.

Attorney(s) appearing for the Case

Kenton C. Granger, of Niewald, Waldeck & Brown, of Kansas City, Missouri, argued the cause, and Byron C. Loudon, of McDowell, Rice & Smith, Chartered, of Kansas City, and Kip A. Stetzler, of the same firm, were on the briefs for appellant.

James F. McMahon, of McConnell & McMahon, of Overland Park, argued the cause, and D. Tiday, of Shawnee Mission, was with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This appeal involves an action to enforce a mechanic's lien.

The record before us is not lengthy, and many of the dispositive facts are not in dispute. Maggie Jones Southport Cafe, Inc., (Maggie Jones) leased real estate from 95th & Nall Associates (95th & Nall), which owns a shopping center, to open and operate a restaurant. The leased space previously had been used as a restaurant.

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