Mitchell Engineering Co. v. Summit Realty Co.
| Decision Date | 16 June 1981 |
| Docket Number | No. WD,WD |
| Parties | MITCHELL ENGINEERING COMPANY, Plaintiff-Appellant, v. SUMMIT REALTY COMPANY, et al., Defendant-Respondent. 32050. |
| Court | Missouri Court of Appeals |
Ronald R. McMillin, Carson, Monaco, Coil, Riley and McMillin, P. C., Jefferson City, for plaintiff-appellant.
Gordon R. Gaebler, Svoboda & Gaebler, P. C., Kansas City, for defendant-respondent.
Before PRITCHARD, P. J., and TURNAGE and CLARK, JJ.
Mitchell Engineering Company filed suit to enforce a mechanic's lien against property owned by Summit Realty Company. The trial court entered judgment in favor of Summit on a motion for summary judgment. On this appeal the sole question concerns the sufficiency of the lien statement filed by Mitchell. Reversed and remanded.
Summit entered into a contract with Trans-Missouri Builders 1 as general contractors for the construction of the Summit Plaza Center, apparently a shopping center. Trans-Missouri entered into a contract with Mitchell and on the failure of Trans-Missouri to pay the total price, Mitchell filed a suit against Trans-Missouri for the balance due and against Summit for the foreclosure of a mechanic's lien previously filed.
The lien statement filed by Mitchell described the material furnished in three documents. The first of these is a copy of an invoice indicating that Mitchell had sold to Trans-Missouri "Mitchell prefabricated steel buildings" for a contract price of $72,816.46 with change order number one adding $678.54, resulting in a total contract price of $73,540. With the sales tax added the total price was $75,838.12. A credit was shown of $7,286.15 leaving a balance due of $68,551.97. This document indicated the buildings had been shipped to Holt's Summit Shopping Center in two shipments on October 3, 1978, and October 4, 1978. The dimensions of the three buildings was given.
Another document attached to the lien statement appears to be a copy of a proposal made by Mitchell and accepted by Trans-Missouri. This contains some abbreviations on a printed form which are undoubtedly common to industry use. It does give the dimensions of the three buildings with the type and gauge of material to be used for sheeting and flashing, together with the following statement:
"SPECIAL REQUIREMENTS: Heavy building to support 19-500 # roof top A/C units. All of the above three (3) buildings to be joined end to end, with common high sidewall, to make one (1) complete building 257' long. High sidewall to be open to eave line for masonry and glass as shown on Architectural Plans. The two (2) rigid frame columns on low sidewalls of 125' wide area to extend 4'-3 below main finish floor elevation. All other columns of 125' wide area to be at main finish floor elevation. Endwall girts on both ends of 125' wide area to be flush girts. 88 lin. ft. of masonry fire wall, in...
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