Bird v. Pan Western Corp.

John A. Fogleman, Justice.

Appellant is the trustee in bankruptcy for C. E. “Red” Higginbotham, Inc. who executed a document entitled “SUBCONTRACT AGREEMENT” with appellees, Pan Western Corporation, as “Contractor,” for heating and air conditioning of Phase I of Raintree Apartments in Little Rock. After the Higginbotham corporation had, from its viewpoint, completed the job, it filed a voluntary petition in bankruptcy. Appellant then served notice of intent to file a materialman’s and laborer’s lien for $12,300, the alleged balance due on the $123,000 contract with Pan Western, and thereafter…