O'Keefe Elevator Co. v. Second Avenue Properties, Ltd.

The defendant-appellee Second Avenue Properties, Ltd., refused to pay for a wheelchair lift sold to it and installed by plaintiff-appellant, O’Keefe Elevator Company, Inc. As a consequence, O’Keefe brought this action to foreclose its mechanic’s lien. The trial court found in favor of Second Avenue and dismissed O’Keefe’s petition. We reverse and remand for entry of a judgment in favor of O’Keefe.

The issues presented by O’Keefe’s assignments of error are whether the trial court erred in finding that it breached its implied warranty of merchantability and that it did not substantially perform…