Charles D. Jones Co. v. Cliff Manor, Inc.

PRITCHARD, Presiding Judge.

The trial court, sitting without a jury, determined that respondent was entitled to a mechanic’s lien (subordinate to a first mortgage deed of trust of defendant, Home State Bank of Kansas City, Kansas) for the delivery and installation of temperature control equipment in Cliff Manor’s nursing home. Cliff Manor contends (1) that the equipment was not lienable under § 429.010, RSMo 1978, because it was not a fixture; (2) that it was not lienable because it did not work and for that reason it did not constitute an improvement on the realty under § 429.010; and (3)…