MacK Construction Development Corp. v. Austin Smith Construction Co.

Plaintiff-appellant, Mack Construction Development Corporation (“Mack”), appeals from a summary judgment granted by the Butler County Court of Common Pleas. The summary judgment was based upon the trial court’s finding that Mack lacked capacity to sue since its corporate charter had been cancelled.

Mack contracted with defendant, Austin Smith Construction Company (“Austin Smith”), for Mack to supply labor and materials on a construction contract. Mack alleges it supplied materials on July 9, 1985, then filed a mechanics’ lien August 9, 1985 against the property owner, Butler Metropolitan…