Ittner v. St. Louis Exposition & Music Hall Ass'n
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1). The compulsory reference of all the issues in this case to a referee against the objection of plaintiffs was error, and deprived plaintiffs of the right to a trial by court or jury of issues which could not legally be tried in any other way except by consent of parties. (2) This was a mechanic’s lien suit.
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Appeal from St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1). The compulsory reference of all the issues in this case to a referee against the objection of plaintiffs was error, and deprived plaintiffs of the right to a trial by court or jury of issues which could not legally be tried in any other way except by consent of parties. (2) This was a mechanic’s lien suit. Plaintiffs’ petition, while involving a demand for extra work, divided into many items, did not involve a long account in the legal sense • of the word, so as to justify a reference. There is a distinction between an…
1Opinion of the CourtBlack, J.
The plaintiffs were the contractors with the exposition association for furnishing the brick and doing the brick-work upon the exposition building in St. Louis, and for which they were to receive the sum of $112,797. The contract contemplates changes during the progress of the work, and it is provided that additions to, or deductions from the work, as shown by the plans and specifications, shall be made according to the following rates : (1) Strictly hard and red brick laid in pure cement mortar, $13.50 per thousand; (2) same laid in fresh lime mortar tempered with cement, $12.30 per…
2Cases cited2 opinions
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Chambers v. . AppletonNew York Court of Appeals · 1881
3Cited by9 opinions
- Creve Coeur Lake Ice Co. v. TammSupreme Court of Missouri · 1897
- Durwood v. DubinskySupreme Court of Missouri · 1956
- Smith v. KunertNorth Dakota Supreme Court · 1908
- B. Siegel Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1914
- Foster v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
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