Grace Development Co., Inc. v. Houston

MacLaughlin, Justice.

This appeal raises the question of whether plaintiff was entitled to file a notice of lis pendens in connection with its action against defendants for certain monies allegedly due to plaintiff pursuant to various contracts for the sale of land and the construction of a house on the land. The district court ordered the notice of lis pendens canceled and expunged from the record. We affirm.

On December 27, 1973, plaintiff commenced an action alleging that on March 5, 1972, plaintiff and defendants had entered into a purchase agreement wherein plaintiff sold to defendants a…