Genesis Engineering Co. v. Hueser

KENNEDY, Judge.

The ultimate issue in this case is which lien has priority as between a deed of trust on a tract of land, securing the repayment of a promissory note for $1,700,000, and a mechanic’s lien for $40,500 for engineering work done upon the premises in the development of the tract. The question before us on this appeal, however, is whether the trial court erred in granting summary judgment for the deed of trust, as against the mechanic’s lien holder’s contention that the holder of the deed of trust had waived its priority.

The promissory note and deed of trust ran from Mulkey Acres…