Ottumwa Iron Works v. Muir
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Eon. Eat. M. Shelton, Judge. (1) The court erred in directing a verdict for defendant Harle. His interest in the leasehold was clearly liable to plaintiff’s lien under section 4206 Eevised Statutes as amended in 1901, p. 206. Dougherty v. Churchill, 114 Mo.
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Appeal from Adair Circuit Court. — Eon. Eat. M. Shelton, Judge. (1) The court erred in directing a verdict for defendant Harle. His interest in the leasehold was clearly liable to plaintiff’s lien under section 4206 Eevised Statutes as amended in 1901, p. 206. Dougherty v. Churchill, 114 Mo. App. 578; Brick Company v. Brick & Quarry Co., 151 Mo. 516; Eichardson v. Koch, 81 Mo. 264; Foundry & Machine Company v. Cole, 130 M'o. 1; Stone Company v. Gray, 114 Mo. 497, enforcing lien for srtone for sidewalk and reversing same case, 43 Mo. App. 671, which Judge Gill was of opinion conflicted with…
1Opinion of the CourtJohnson, J.
Action to enforce a mechanics’ lien for a part of the purchase price of hoisting machinery erected on mining property by the lessees thereof. Plaintiff, the manufacturer of the machinery, sold it to the lessees with knowledge of the fact that they intended to employ it in the operation of the mine.
Facts appearing in the record material to our present inquiry thus may be stated: On May 17, 1905, the owner in fee of certain mining property situated' in Adair county executed and delivered a lease to E. H. Scriven and Robert Caswell by which he conveyed to the said lessees the coal beneath the…
2Cases cited5 opinions
- Hutchins v. MastersonTexas Supreme Court · 1877
- Dobschuetz v. HollidayIllinois Supreme Court · 1876
- McLain Investment Co. v. CunninghamMissouri Court of Appeals · 1905
- Nordyke & Marmon Co. v. Hawkeye Woolen-Mills Co.Supreme Court of Iowa · 1880
- N. Meistrell & Co. v. ReachMissouri Court of Appeals · 1894
3Cited by3 opinions
- Masterson v. RobertsSupreme Court of Missouri · 1934
- Joplin Supply Co. v. WestMissouri Court of Appeals · 1910
- McCarthy Lumber & Construction Co. v. KinderMissouri Court of Appeals · 1920