National Lumber Co. v. Damelio

The plaintiff/appellant, National Lumber Company (“National Lumber”), appeals pursuant to Dist./Mun. Cts. R. A. D. A, Rule 8A, from the motion judge’s allowance of the motion of the defendants/appellees Richard D Swanson, Jr. and Vicki C. Swanson (“Swansons”) for summary judgment.1 For the reasons stated below, we reverse, and order the entry of judgment declaring that National Lumber has a valid lien under M.G.L.c. 254, §4, et seq.2

In March 1996 the defendant John Damelio (“Damelio”), as “president” and “owner” of “Herren Construction,”3 established with National Lumber a line of credit…