HUB CITY WHOLESALE ELEC. v. MIK-BETH ELEC.


621 S.W.2d 242 (1981)

HUB CITY WHOLESALE ELECTRIC, INC.; Rueff Lighting Company; and Midwestern Construction, Inc., Appellants, v. MIK-BETH ELECTRICAL CO., LTD.; Neal Kindervater, and his wife, Nancy Kindervater; Robert M. Layman, and his wife, Deanna Layman; Edward Rosenberg, and Richard Agree, d/b/a Mulberry Plaza; K-Mart Corporation; Michigan National Bank of Detroit; Commonwealth Life Insurance Company; Glenview Development, Inc.; The Kroger Company, Inc.; Super X Drugs of Kentucky, Inc.; and Martha Jane Layman, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied October 6, 1981.


Attorney(s) appearing for the Case

C. Michael Weldon, Elizabethtown, Kim F. Quick, Louisville, Collier, Arnett & Coleman, Elizabethtown, for appellants.

Harold K. Huddleston, Elizabethtown, Charles W. Brooks, Jr., James W. Hendricks, Louisville, for appellees.

Before COOPER, McDONALD and WILHOIT, JJ.


McDONALD, Judge:

In the action below the appellants sought enforcement of mechanics' and materialmen's liens against the appellees' property, claiming that they owed over $9,000 for building materials and labor which were supplied but allegedly not paid for. The appellees then made a motion to dismiss the complaint on the grounds that the liens were not properly executed and perfected because they were acknowledged but not "subscribed and sworn to" as required by...

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