(Download) "Tom Channing v. Brindley-Sullivan" by Eastern District, Division Seven Court of Appeals of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: Tom Channing v. Brindley-Sullivan
- Author : Eastern District, Division Seven Court of Appeals of Missouri
- Release Date : January 15, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Tom Channing, Inc., d/b/a T & S Concrete Paving Company, sued the following parties to recover for work done and to impress a mechanic's lien on certain real estate: Brindley-Sullivan, Inc., the owner and developer of a residential subdivision; Tarquad Corp., John McEvoy, and C & P Venture, which have interests in the real estate pursuant to deeds of trust; Mark Twain Mortgage Company, which holds both deeds of trust on certain lots and title on other lots; and individuals who own lots in the subdivision. Summary judgment was entered in favor of all defendants, except Brindley-Sullivan, Inc. Contractor appeals the summary judgment. We reverse and remand because a material issue of fact remains in dispute on the issue of timely filing of lien. On November 28, 1988, developer hired Channing, Inc., as a general contractor to construct streets and sidewalks in the Audubon Woods Subdivision in St. Louis County, Missouri. The work proceeded in three phases. The third and final phase required the paving of two streets known as Big Bend Woods and Pheasant Woods Drive for $46,814.95. Contractor then performed paving work on these two streets. On February 6, 1990, contractor submitted an invoice to developer requesting payment for the work it provided on Big Bend Woods and Pheasant Woods Drive and other work previously performed in Phase II. On July 23, 1990, contractor received a payment, which it applied to the balance owed as of February 6, 1990, leaving a balance of $11,675.93. Thereafter, developer, Brindley-Sullivan, Inc., requested that contractor seal the streets in the subdivision so they would pass inspection by St. Louis County. On December 20, 1990, contractor spent all day on the job site performing the work. Contractor submitted the invoice for the sealing to Charlie Liebert, who had replaced Brindley-Sullivan, Inc., for Phase III of the project. Liebert paid the invoice for the December 20, 1990, sealing work.
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