Wittkop v. Johnson (In re Johnson, Inc.)

MEMORANDUM OPINION AND ORDER

RICHARD L. SPEER, Bankruptcy Judge.

This cause came before the Court upon Defendant’s Motion for Partial Summary Judgment filed in the above captioned case. Defendants allege that Plaintiff’s mechanic’s lien on the real estate at 1230 Conant Street, Maumee, Ohio is invalid because Plaintiff failed to properly complete the forms required by Ohio Revised Code § 1311.04.

FACTS.

The Court finds the following facts:

1.) An oral agreement existed between Plaintiff, Frederick D. Wittkop, (hereafter Wittkop) and Defendants Danny and Dale Johnson and Johnson, Inc. (hereafter…