Mid-Continent Construction Co. v. Goldberg

MR. PRESIDING JUSTICE BURMAN

delivered the opinion of the court.

This appeal concerns Count II of the amended complaint in which plaintiff, Mid-Continent Construction Company, sought to foreclose a mechanic’s lien. (Count I of the complaint, which seeks an accounting, is not involved in this appeal.) Defendants filed a motion to dismiss, raising as a defense a waiver of the mechanic’s lien executed by Ursa C. Stringer, president and sole stockholder of plaintiff corporation. After reference to a master in chancery for findings of fact, Count II of the complaint was dismissed without leave to…