Independence Sash, Door & Lumber Co. v. Bradfield
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Poivell, Judge. „ (1) There was a variance between the material allegations in the plaintiff’s petition, and the proof. H. D. Hengstenberg v. W. F. Hoyt, 109 Mo. App. 622; Lumber Co. v. Knights of Pythias, 157 Mo. 366; Tim-' ber Co. v. Railroad, 180 Mo. 463; Meyers v. Railroad, 120 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Poivell, Judge. „ (1) There was a variance between the material allegations in the plaintiff’s petition, and the proof. H. D. Hengstenberg v. W. F. Hoyt, 109 Mo. App. 622; Lumber Co. v. Knights of Pythias, 157 Mo. 366; Tim-' ber Co. v. Railroad, 180 Mo. 463; Meyers v. Railroad, 120 Mo. App. 228; Chitty v. Railroad, 148 Mo. 64. (2) There Avas no verification as required by law, of the lien filed with the clerk of the circuit court of Jackson county, Missouri, and the court erred in admitting the lien paper offered in evidence by the plaintiff…
1Opinion of the CourtJohnson, J.
Action to enforce a mechanic’s lien. Plaintiff, a materialman, furnished material for a building erected by Hugh W. Heinselman and Mary A. Heinselman, husband and wife, on land they purchased in 1907, and held as tenants by the entirety. Plaintiff furnished the material under contract with the contractor (defendant Bradbury) who, it is admitted, erected the building under a contract with both tenants. The petition alleges “that said property was at the date of furnishing said material and now is, the property of the defendants, Hugh W. Heinselman and Mary A. Heinselman and the said J. J.…
2Cases cited7 opinions
- Holmes v. Kansas CitySupreme Court of Missouri · 1908
- Bains v. BullockSupreme Court of Missouri · 1895
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1905
- Norman v. HornMissouri Court of Appeals · 1889
- Arnold v. WillisSupreme Court of Missouri · 1895
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3Cited by5 opinions
- I. R. Goldberg Plumbing Supply Co. v. TaylorMissouri Court of Appeals · 1922
- Piatt v. Heim & Overly Realty Co.Supreme Court of Missouri · 1938
- Brockett Cement Co. v. LoganMissouri Court of Appeals · 1915
- Piatt v. Realty Co.Supreme Court of Missouri · 1938
- Kiser v. Russell County (In Re Kiser)United States Bankruptcy Court, W.D. Virginia · 2003