Drilling Service Co., Plaintiff-Respondent, v. Robert W. Baebler and Norma R. Baebler, Robert W. Baebler, d/b/a Robert W. Baebler Construction Co., Defendants, Kienstra Supply Co., Missouri Rolling Mills Corp., Melcher-Schene Hardware and Lumber Co., Oliver Ahal, General Elevator Engineering Co., N. B. West Contracting Co., Riverview Stone & Material Co., Defendants-Cross-Claimants-Respondents, and Prudential Savings & Loan Association, Harold E. Bunting, W. Stewart Kenney, Security Title Co., and W. R. Barnes, Defendants-Appellants, and Franchi Construction Co., Midwest Pool and Court Co., U. S. Tennis Court Co., Defendants-Cross-Claimants, Appellants and Respondents, 484 S.W.2d 1

Plaintiff sought judgment for work done at a development, for a mechanics lien on the land, and to declare lien priority over deeds of trust. The lower court found in favor of plaintiff and gave mechanics liens priority over the deeds. On cross-claims, the court found escrowee breached its agreement with the mortgagee by failing to issue a title insurance policy without mechanics liens, and awarded money judgment plus the total of the mechanics liens and interest. Holders of the deeds and escrowee appealed. The court found escrowee breached his obligation to examine title to the property and report to the mortgagee, but mortgagee was not entitled to both a release of the mechanics liens and a money judgment equal to mechanics liens. Escrowee had to indemnify owner to the extent needed to obtain the release of the liens. The court also found that one holder had waived the priority claim since it knew work would be done and that mechanics and materialmen might be expected to file liens ...