POLIVKA LOGAN DESIGNERS, INC. v. ENDE

Nos. 46606, 47089.

251 N.W.2d 851 (1977)

POLIVKA LOGAN DESIGNERS, INCORPORATED, Respondent, v. Al ENDE, d.b.a. A & E Cement & Masonry Co., et al., Defendants, Precision Engineering Co., et al., Respondents, Fabcon, Inc., Appellant.

Supreme Court of Minnesota.

February 18, 1977.


Attorney(s) appearing for the Case

Moore, Costello & Hart and Larry A. Hanson, St. Paul, for appellant.

Wiese & Cox, Minneapolis, for Polivka.

John M. James, Minneapolis, for Precision.

Heard before ROGOSHESKE, PETERSON and KELLY, JJ., and considered and decided by the court en banc.


KELLY, Justice.

Appellant, Fabcon, Inc., appeals from summary judgment entered in Hennepin County District Court dismissing its mechanics lien. We reverse.

The facts are uncontroverted. Fabcon was a subcontractor that furnished precast concrete structural members for the expansion of a commercial building owned by respondent, Precision Engineering Company. Precision Engineering engaged Al Ende, doing business as...

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