White v. A. K. McAllister Co.
Missouri Court of Appeals
Appeal from the Osage Circuit Court. — Hon. Rudolph Hirzel, Special Judge. (1) The plaintiff having consented to the shipment and sale of the wheat by defendants, thereby waived Ms landlord’s lien, and in the absence of an express promise or agreement to that effect, had no claims on the proceeds of its sale. Consent to the sale constitutes a waiver of the lien, and such waiver need not be founded on a valuable consideration. Griffith v. Gillum, 31 Mo.
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Appeal from the Osage Circuit Court. — Hon. Rudolph Hirzel, Special Judge. (1) The plaintiff having consented to the shipment and sale of the wheat by defendants, thereby waived Ms landlord’s lien, and in the absence of an express promise or agreement to that effect, had no claims on the proceeds of its sale. Consent to the sale constitutes a waiver of the lien, and such waiver need not be founded on a valuable consideration. Griffith v. Gillum, 31 Mo. App. 34. (2) The lien is the creation of the statute, is in derogation of the common law, and should not be extended by implication or…
1Opinion of the CourtEllison, J.
This action is brought against defendants on account of rent due to plaintiff as landlord from Harrison, his tenant. The petition was in three counts. The first charged that defendants received the wheat from the tenant agreeing with him, with plaintiff’s consent, that they would sell it, and pay enough of the proceeds over to plaintiff to satisfy his landlord’s lien.
*316The second count charges that defendants agreed with the tenant to ship the wheat and pay the rent money to plaintiff out of the proceeds, differing from the first count in not connecting plaintiff with the agreement.
The third…
2Cases cited3 opinions
- Fulkerson v. LynnMissouri Court of Appeals · 1896
- Dawson v. CoffeyMissouri Court of Appeals · 1892
- White v. NyeMissouri Court of Appeals · 1896
3Cited by1 opinion
- Dunlap v. DunsethMissouri Court of Appeals · 1899