Merchants Environmental Industries, Inc. v. Montgomery Ward & Co.

Plaintiff Merchants Environmental Industries filed suit in circuit court, seeking to foreclose on its materialmen’s lien which had attached to property owned by defendant/counterdefendant-appellee Montgomery Ward & Co., Inc. (Wards), and which had been developed by codefendant/counterplaintiff-appellant Pioneer Development Corp. (Pioneer), naming both Pioneer and Wards as defendants to the action. Sometime before the filing of its complaint, Wards had contracted to sell the subject property through the medium of articles of agreement for a warranty deed. When Pioneer failed to comply with the…