Sears, Roebuck & Co. v. Superior Rigging & Erecting Co.

Whitman, Judge.

The appeal in case 44396 is by the defendant below, Sears, Roebuck & Co. (hereafter called “Sears”), from an order granting in part and denying in part its motion for summary judgment, which order was certified for direct review. Case 44405 is a cross appeal by the plaintiff below, Superior Rigging & Erecting Co. (hereafter called “Superior”), and takes issue with the lower court’s order to the extent that it granted the defendant’s motion in part.

The case involves a claim of lien for work done and materials furnished.

Sears contracted with American Incinerator Co. (hereafter…