C. W. Stark Lumber Co. v. Sether

YETKA, Justice.

This is an action to foreclose a mechanics lien by a materialman who supplied lumber to a construction company, which at the time of the first delivery of materials was the vendor in an unrecorded executory contract for the sale of real property. The construction company used the lumber to construct a house on land which it then sold to the vendees. The construction company failed to pay the materialman, who thereafter sought to foreclose a mechanics lien. The trial court granted the vendees’ motion for partial summary judgment on the grounds that the materialman had failed to…