Wallace Concrete Pipe Co. v. McGregor Downs, L. P.

Gregory, Justice:

Appellant McGregor Downs, L.P. appeals from an order of the lower court foreclosing a mechanics lien held by respondent Wallace Concrete Pipe Company. We reverse.

Between January and June 1974, Wallace Concrete Pipe Company furnished materials to Heyward Trotter, d/b/a Earth Moving Company, the general contractor. These materials were used by Trotter upon lands owned by McGregor Downs.

By letter dated July 20, 1974 McGregor Downs terminated its contract with Trotter for reasons not pertinent to this appeal. On August 23, 1974 Wallace Concrete Pipe Company filed a mechanics lien…