Hi-Plains Elevator Machinery, Inc. v. Missouri Cereal Processors, Inc.

FLANIGAN, Judge.

In 1973 Hi-Plains Elevator Machinery, Inc. (Hi-Plains), respondent, entered into a contract with Missouri Cereal Processors, Inc. (Cereal), appellant, by which Hi-Plains was to provide the labor and material for certain improvements on real estate owned by Cereal. The work having been fully or at least substantially performed, Hi-Plains instituted this action against Cereal for the amount due Hi-Plains under the contract. The petition also sought a mechanic’s lien against the real estate. Additional parties defendant were the holder of a deed of trust and its trustee.

After the…