Kirby Building Systems, Inc. v. Independence Partnership No. One

RAPER, Justice.

This appeal is from an order dismissing an action to foreclose a mechanic’s lien. The issue before us concerns whether the district court correctly found as a matter of law that the notice requirement in § 29-2— 110, W.S.1977, was not satisfied. That statute provided:

“Every person, except the original contractor, who may wish to avail himself of the benefits of the provisions of this act [§§ 29-2-101 to 29-2-124], shall give ten (10) days notice, in writing, before filing the lien, as herein required, to the owner, owners or agent, or either of them, that he or they hold a…