Wear Bros. v. Schmelzer
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Tbe court erred in submitting to the jury the construction of the written contract. Eord v. Dyer, 148 Mo. 523, 541; State to use v. Lefanire, 53 Mo. 470; Comfort v. Eallingal, 134 Mo. 281; Chapman v. Railroad, 114 Mo. 542; State to use v. Donnelly, 9 Mo. App. 520; Black River Lumber Oo. v. Warner, 93 Mo. 374; Thorn, etc., Cement Co. v. Roofing Co., 77 Mo.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Tbe court erred in submitting to the jury the construction of the written contract. Eord v. Dyer, 148 Mo. 523, 541; State to use v. Lefanire, 53 Mo. 470; Comfort v. Eallingal, 134 Mo. 281; Chapman v. Railroad, 114 Mo. 542; State to use v. Donnelly, 9 Mo. App. 520; Black River Lumber Oo. v. Warner, 93 Mo. 374; Thorn, etc., Cement Co. v. Roofing Co., 77 Mo. App. 21; Hughbanks v. Insurance Co., 60 N. W. 640; 11 Encyc. of PI. and Pr., 78, 81. (2) The excavation and stone work under the house, sued for by plaintiffs as extras, were…
1Opinion of the CourtEllison, J.
This is an action to enforce a mechanic’s lien'for part of labor and material in a residence built for defendant by plaintiffs as contractors. The judgment in the trial court was for plaintiffs. The controversy between these parties does not reach the lien except as it may be affected by the correctness of the items of account in dispute. These items are as follows:
Extra work on stone piers under barn.. .$ 10.50
Extra work on excavation under house .. 48.90
Extra work on foundation under house... 243.47
It was also claimed by defendants that plaintiffs failed to enter a credit of $25.
It is…
2Cases cited5 opinions
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Stuart v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
3Cited by4 opinions
- Wilt v. HammondMissouri Court of Appeals · 1914
- Koslosky v. BlochMissouri Court of Appeals · 1915
- Hennessey v. Fleming Bros.Supreme Court of Colorado · 1907
- McCrary v. ThompsonMissouri Court of Appeals · 1907