Legal Opinion

Farmington Building Supply Co. v. Courtois

Missouri Court of Appeals

Decided June 21, 1988No. 53277Published

1Opinion of the Court

GRIMM, Judge.

This is a mechanic’s lien case. The general issue presented: When a mechanic’s lien exists, does the subsequent bankruptcy of the landowner/contractor preclude the enforcement of the lien? We hold that it does not, and reverse the decision of the trial court which had sustained motions to *478dismiss based on the premise that it did and remand with directions.

John and Dottye Courtois owned a building lot. On March 6, 1984, they secured a construction loan from Ozark Federal Savings and Loan Association, giving Ozark a deed of trust on the lot. Acting as their own building contractor,…

2Cases cited9 opinions

  1. Roy F. Stamm Electric Co. v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1943
  2. Cork Plumbing Co. v. Martin Bloom Associates, Inc.Missouri Court of Appeals · 1978
  3. Meek Lumber Yard, Inc. v. Houts (In Re Houts)United States Bankruptcy Court, W.D. Missouri · 1982
  4. Holland v. CunliffMissouri Court of Appeals · 1902
  5. Kenny's Tile & Floor Covering, Inc. v. CurryMissouri Court of Appeals · 1984

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