Alexander Co. v. Packard

Opinion by JUDGE JONES In this action to recover expenses incurred in defending against mechanics' lien cases, judgment was entered for plaintiff, The Alexander Company (Alexander), against Eagle Constructors, Inc. (Eagle) and Michael K. Packard, individually. He appeals and we affirm. In August 1983, Eagle Constructors, Inc. (Eagle), entered into an agreement with Alexander, to perform storm sewer, sanitary sewer, and water line construction work on one of Alexander's projects. Eagle submitted monthly invoices to Alexander for work performed. Alexander issued five checks in payment to Eagle, totalling $341,122, each bearing a restrictive endorsement indicating that Eagle was representing that the project was free from liens.