Anekom, Inc. v. Estate of Demith

Court properly granted summary judgment to construction companies on their complaints to foreclose their mechanic's liens. Doctrine of judicial estoppel precludes Estate from defending lien claims.Estate succeeded in its breach of contract action by obtaining a judgment against demolition contractor, and alleged that its damages included amounts of lien claims at issue.Estate cannot assert that it is not liable for lien claims despite having obtained a judgment that includes liens. Election of remedies doctrine precludes Estate from pursuing inconsistent remedies for same cause of action. Threat of double recovery is apparent. (McDADE and WRIGHT, concurring.)