Amadori Construction Co. v. Hoffenberg

HAYS, Circuit Judge:

Appellant Amadori Construction Co., Inc. (“Amadori”) entered into a contract with Stanndco Developers, Inc. (“Stanndco”) for the rental of a backhoe for the agreed price of $13,910. Stanndco paid on account $2,410 thereby leaving a balance of $11,500 plus interest. On September 20, 1973 Amadori filed a mechanics’ lien on real property owned by Stanndco in the County Clerk’s Office of Monroe County, New York for the balance which was then allegedly overdue. Stanndco effected a discharge of the mechanics’ lien on October 1,1973 by filing an undertaking in the amount of…