Frank Adam Electric Co. v. Gottlieb
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jas. R. Kinealy, Judge. (1) A mechanic’s lien cannot he established against a building by one furnishing articles unless they are such fixtures as will pass by conveyance of the freehold. The rule for determining whether an article is such a fixture within the meaning of the statute relating to mechanics’ liens, is the same as that applied between vendor and vendee, mortgagor and mortgagee, heir and personal representative.
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Appeal from St. Louis City Circuit Court. — Hon. Jas. R. Kinealy, Judge. (1) A mechanic’s lien cannot he established against a building by one furnishing articles unless they are such fixtures as will pass by conveyance of the freehold. The rule for determining whether an article is such a fixture within the meaning of the statute relating to mechanics’ liens, is the same as that applied between vendor and vendee, mortgagor and mortgagee, heir and personal representative. St. Louis Radiator Co. v. Carroll, 72 Mo. App. 315. (2) Cas fixtures do not become part of the realty, even though they…
1Opinion of the CourtGoode, J.
Action to enforce a lien. The items in controversy are gas fixtures. It is admitted the plaintiff company put the gas fixtures into the building, but the appellants contend gas fixtures are not lienable articles within the meaning of the statute giving liens for material furnished and labor done on a building. It appears to be conceded that such fixtures may be put into a house under circumstances showing an intention to make them a permanent part of the realty, in which event they are lienable articles. The exact dispute between the parties to this litigation is whether an intention of that…
2Cases cited10 opinions
- McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
- Rogers v. CrowSupreme Court of Missouri · 1867
- Towne v. FiskeMassachusetts Supreme Judicial Court · 1879
- Joseph Baum & Co. v. CovertMississippi Supreme Court · 1884
- Hall v. Law Guarantee & Trust Society, Ltd.Washington Supreme Court · 1900
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3Cited by2 opinions
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- O'Donal v. AurentzMissouri Court of Appeals · 1921