Legal Opinion
Drywall Interior Systems Construction, Inc. v. Ladue Building & Engineering Corp.
Missouri Court of Appeals
Decided July 13, 1993No. 62978PublishedCited by 4 opinions
1Opinion of the Court
KAROHL, Chief Judge.
Drywall Interior Systems Construction, Inc. [DISC] filed a petition against Ladue Building and Engineering Corporation [LBE] for breach of contract. The trial court sustained LBE’s motion to dismiss, treating it as a motion for summary judgment. DISC was aware of an equitable mechanic’s lien action filed pursuant to Sections 429.290 and 429.300 RSMo 1986 involving the real estate which was the subject of its contract, but failed to intervene. The conclusion of the equitable mechanic’s lien suit bars a separate lawsuit. We affirm.
On July 25, 1989, DISC entered into a…
2Cases cited3 opinions
- Miller v. Pool and Canfield, Inc.Missouri Court of Appeals · 1990
- State Ex Rel. Clayton Greens Nursing Center, Inc. v. MarshSupreme Court of Missouri · 1982
- State ex rel. Kirkwood Excavating, Inc. v. StussieMissouri Court of Appeals · 1985
3Cited by4 opinions
- Tilt-Up Concrete, Inc. v. Star City/Federal, Inc.Nebraska Supreme Court · 2001
- George Weis Co. v. Stratum Design-Build, Inc.Supreme Court of Missouri · 2007
- Walls v. City of OverlandMissouri Court of Appeals · 1993
- Britton-Paige v. American Health & Life Insurance Co.Missouri Court of Appeals · 1995