Wilson, Reheis, Rolfes Lumber Co. v. Ware
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon, Moses N. Sale, Judge. (1) The judgment should be reversed for lack of evidence to support the verdict. The total amount of lumber and materials shown, by the fourteen dray tickets in evidence, to have been delivered to the four houses is $471.56, while the total amount claimed to have been so delivered, and on which the lien account is based, is $926.45. The difference of $454.89 is unsupported by any evidence.
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Appeal from St. Louis City Circuit Court. — Hon, Moses N. Sale, Judge. (1) The judgment should be reversed for lack of evidence to support the verdict. The total amount of lumber and materials shown, by the fourteen dray tickets in evidence, to have been delivered to the four houses is $471.56, while the total amount claimed to have been so delivered, and on which the lien account is based, is $926.45. The difference of $454.89 is unsupported by any evidence. (2) The lien account was improperly admitted in evidence. It shows on its face no credit for-the payment made on the account, on May…
1Opinion of the CourtGoode, J.
Action to enforce a lien for material furnished for two one-story frame dwelling houses Nos. 5551 and 5558 Maifit avenue in St. Louis on lots 3 and 4 of city block 5254. Just west of those two houses two others, Nos. 5555 and 5559, were erected at the same time by defendant W. N. Ware, on lots 5 and 6 of said c-ity block. In March, 1907, John Powers owned the four lots. He contracted Avith Ware to build two frame houses for him on lots 5 and 6 for $2400, or $1200 each, agreeing to pay $800 of the cost by conveying to Ware lots 3 and 4. Under this arrangement Ware set about' the erection of…
2Cases cited4 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Hayden v. LoganMissouri Court of Appeals · 1881
- Beardslee v. MorgnerMissouri Court of Appeals · 1877
- Hannon v. LoganMissouri Court of Appeals · 1883
3Cited by3 opinions
- Hiller v. SchulteMissouri Court of Appeals · 1913
- College Court Realty Co. v. J. C. Letcher Lumber Co.Supreme Court of Alabama · 1917
- St. Louis Sash & Door Works v. TonkinsMissouri Court of Appeals · 1915