Chilton v. Lindsay
Missouri Court of Appeals
Appeal from the Gass Circuit Court. — Hon. N. M. Given, Judge. Statement of case by the court. This is an action to recover $224.63, and to enforce a mechanics’ lien against the property of defendant Lindsay, on account of lumber furnished by plaintiff, which went into defendant Lindsay’s house. It appears that Wm.
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Appeal from the Gass Circuit Court. — Hon. N. M. Given, Judge. Statement of case by the court. This is an action to recover $224.63, and to enforce a mechanics’ lien against the property of defendant Lindsay, on account of lumber furnished by plaintiff, which went into defendant Lindsay’s house. It appears that Wm. Higgins, a contractor and builder, entered into a written contract with his co-defendant Lindsay, by the terms of which Higgins was to build a house for Lindsay, for which he was to receive for the carpenter work the sum of six hundred and twenty-five dollars. The plaintiff and one…
1Opinion of the CourtGill, J.
I. We must reverse this cause for the error of the trial court in declaring the law to be as set out in defendant’s instruction number 3, contained in the foregoing statement. That instruction was evidently given to the jury on the faith of the correctness of the rule, then, for the first time, announced in this state, to-wit: “That if the defendant paid the contractor in full the contract price, in good faith, without knowledge of the plaintiff’s demand, and that the money so paid went to the satisfaction of claims for work done and materials furnished on the building, it is, in legal…
2Cases cited2 opinions
- Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
- Henry v. HindsMissouri Court of Appeals · 1885
3Cited by5 opinions
- Roeckeler Lumber Co. v. WahlbrinkMissouri Court of Appeals · 1915
- West v. PinkstonUtah Supreme Court · 1914
- Bailie v. Woodward Lumber Co.Supreme Court of Georgia · 1914
- West Lumber Co. v. WhiteCourt of Appeals of Georgia · 1959
- Roeckeler Lumber Co. v. WahlbrinkMissouri Court of Appeals · 1915