United Masonry, Inc. v. Jefferson Mews, Inc

237 S.W.2d 171 (1977)

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Nature of the Case

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Facts

United Masonry (P) is in the business of masonry construction and subcontracting. P entered into a contract with Jefferson Mews, Inc. (D) for improvement to certain real property. The contract was for $350,000, and P was to perform work on 132 garden apartments. P also entered into an oral contract of $18,366 for work on the clubhouse pursuant to an unsigned proposal that was accepted by the president of D. P claimed monies due on both contracts of $34,846 and $10,086 respectively. P filed a bill to enforce a mechanics lien against the developer, the owner’s association, and unit owners of D. At the bar the parties stipulated that when the lien was recorded only 132 units had been constructed and that construction on the remaining 132 units had not yet begun and that of the 132 completed units, 25 had been conveyed by the developer to individual purchasers. D filed a demurrer on the grounds that the mechanic's lien had not been apportioned among the various condominium units and the lien did not effectively describe the property on which the lien is asserted. The demurrer was sustained. P appealed.