Abbott Construction, Inc. v. Abilene Motors, Inc.

The opinion of the court was delivered by

Fontron, J.:

This action is one to foreclose a mechanic’s lien against real estate owned by Abilene Motors, Inc., hereafter referred to as defendant or Abilene Motors. The lien claim is predicated on a written contract for the construction by the plaintiff, sometimes called Abbott herein, of an Armco steel building. The Abilene National Bank was joined as a party defendant solely because of its status as a mortgage holder. A motion for involuntary dismissal with prejudice was filed by Abilene Motors. This motion was sustained by the trial court, and the…