M. L. Ensminger Co. v. Chicago Title & Trust Co.

Plaintiff filed a mechanic’s lien against defendants on July 20, 1977, alleging that it had not received full payment for work done in rebuilding the Vizzones’ fire-damaged home. On November 15, 1977, the Vizzones notified plaintiff by certified mail, return receipt requested, that demand was being made that plaintiff file suit to foreclose on the lien. Plaintiff did not file suit until 94 days after the notice was sent, 3 days after the Vizzones filed suit to quiet title. The Vizzones’ motion to dismiss the complaint was granted by the court because plaintiff had not filed suit within 30…