Tucker v. Gest
Supreme Court of Missouri
Error to First District Court. I. In order to give a lien, the contract must be sucb as can be enforced at common law (Houck on Mech. Liens, 233 ; Kirby v. Tead and Wife, 13 Mete. 149) ; and if either party be incapacitated, the contract or agreement is futile'and unavailing. (Houck on Mech. Liens, 233 ; 2 Blackst. Com. 114; Chit, on Cont. 4, 5, 29.) And it is a well-established rule of law that a wife can not bind herself by an executory contract. (Reeves’ Dom.
Read the full summary
Error to First District Court. I. In order to give a lien, the contract must be sucb as can be enforced at common law (Houck on Mech. Liens, 233 ; Kirby v. Tead and Wife, 13 Mete. 149) ; and if either party be incapacitated, the contract or agreement is futile'and unavailing. (Houck on Mech. Liens, 233 ; 2 Blackst. Com. 114; Chit, on Cont. 4, 5, 29.) And it is a well-established rule of law that a wife can not bind herself by an executory contract. (Reeves’ Dom. Rel. 182; 2 Kent’s Com. 150; 7 Conn. 224; 3 Mo. 254; 40 Mo. 261; 6 Wend. 11; 4 N. Y. 9 ; 12 B. Monr. 665.) II. The land sought to-be…
1Opinion of the CourtBliss, Judge
The plaintiff painted and glazed a dwelling-house belonging to defendant, Mary E. Gest, a married woman, perfected his mechanic’s lien upon the property and filed his petition in the-Court of Common Pleas of Pettis county to enforce the same. The petition showing all the facts was demurred to by said Mary E. because, in setting up the contract an’d the plaintiff’s work under it, it did not show that it pertained to her sole and separate property — she claiming that she could make no contract so as to *341create a lien upon her property unless held for her sole and separate use. The court gave her…
2Cases cited1 opinion
- Hauptman v. . CatlinNew York Court of Appeals · 1859
3Cited by6 opinions
- O'Leary v. RoeMissouri Court of Appeals · 1891
- Garnett v. BerryMissouri Court of Appeals · 1876
- Carthage Marble & White-Lime Co. v. BaumanMissouri Court of Appeals · 1891
- Chicago Lumber Co. v. MahanMissouri Court of Appeals · 1893
- Farley v. StroehMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.