Spier v. Power Concrete, Inc.

SAND, Justice.

The plaintiffs, H. D. Spier, Jr., and Frieda J. Spier [Spiers] appealed from a summary judgment 1 granted in favor of the defendant, Power Concrete, Inc. [Power Concrete], in the amount of $17,248.39 in an action involving a mechanic’s lien.

The Spiers entered into a contract on 17 April 1979 with Dakota Building Systems [Dakota Building] for the construction of a building on land owned by the Spiers in Beulah, North Dakota. Dakota Building entered into a subcontract agreement with M & M Construction [M & M] whereby M & M agreed to do the concrete portion of the building. M & M…