City of St. Louis v. O'Neil Lumber Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon, Jacob Klein, Judge. (1) Subcontractors are entitled in equity to payment out of a fund created in part by their own labor and materials in- preference to those bound for the performance of the contract, and general creditors of the principal contractors. Newhall v. Kastens, 70 111, 156; Luthey n. Woods, 6 Mo. App. 71; City v. Keane, 27 Mo.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon, Jacob Klein, Judge. (1) Subcontractors are entitled in equity to payment out of a fund created in part by their own labor and materials in- preference to those bound for the performance of the contract, and general creditors of the principal contractors. Newhall v. Kastens, 70 111, 156; Luthey n. Woods, 6 Mo. App. 71; City v. Keane, 27 Mo. App. 641. Section P of the contract should be so construed as to give it some meaning and effect. Bishop on Contracts [1 Ed.] sec. 579. (2) The O’Neil Lumber Company did not acquire any lien on the unpaid…
1DissentThompson, J.
(dissenting). — I have been asked to state, before the close of the term, the grounds on which I have dissented from the conclusions reached by my brethren in this case. The statute relating to mechanics’ liens contains the following section: ‘ ‘ The liens for work and labor .done, or things furnished, as specified in this article, shall be upon an equal footing, without reference to the date of filing the account or lien; and in all cases where a sale shall be ordered *600and the property sold, which may be described in any account or lien, the proceeds árising from such sale, when not…
2Cases cited4 opinions
- Luthy v. WoodsMissouri Court of Appeals · 1878
- Rieper v. RieperSupreme Court of Missouri · 1883
- City of St. Louis v. KeaneMissouri Court of Appeals · 1887
- Heiman v. FisherMissouri Court of Appeals · 1881