Legal Opinion

Wilson-Reheis-Rolfes Lumber Co. v. Ware

Missouri Court of Appeals

Decided June 6, 1911PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. The lien account is insufficient to satisfy the statutory requirements, (a) It does not show what the materials are, the abbreviations used being unintelligible and not aided by the preliminary statement attached to the account. Brickworks v. Flanagan, 87 Mo. App. 340; Henry v. Plitt, 84 Mo. 237; Lumber Co. v. Stoddard Co., 113 Mo. App. 306; Schulenberg v. Werner, 6 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. The lien account is insufficient to satisfy the statutory requirements, (a) It does not show what the materials are, the abbreviations used being unintelligible and not aided by the preliminary statement attached to the account. Brickworks v. Flanagan, 87 Mo. App. 340; Henry v. Plitt, 84 Mo. 237; Lumber Co. v. Stoddard Co., 113 Mo. App. 306; Schulenberg v. Werner, 6 Mo. App. 292. (b) The amount claimed is greatly in excess of the amount due, plaintiff having intentionally failed to enter in his account filed the…

1Opinion of the CourtNortoni, J.

This is a suit to enforce a mechanic’s lien. Plaintiff recovered a personal judgment against the ..principal defendant, Ware, owner of the premises, and a judgment sustaining the lien against the property. Defendants, other than Ware, the owner, prosecute the appeal.

Plaintiff, an incorporated company, furnished material, consisting of lumber, millwork, hardware, etc., under one general contract, to Ware, who erected the three buildings involved, and defendants who prosecute the present appeal are trustees and beneficiaries in certain deeds' of trust covering those buildings and the lots on…

2Cases cited4 opinions

  1. Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
  2. Uthoff v. GerhardMissouri Court of Appeals · 1890
  3. Wilson-Reheis-Rolfes Lumber Co. v. CapronMissouri Court of Appeals · 1909
  4. Schulenburg v. WernerMissouri Court of Appeals · 1878

3Cited by7 opinions

  1. Banner Lumber Co. v. RobsonMissouri Court of Appeals · 1914
  2. Christopher & Simpson Architectural Iron & Foundry Co. v. E. A. Steininger Construction Co.Missouri Court of Appeals · 1918
  3. Glasco Electric Co. v. Best Electric Co.Missouri Court of Appeals · 1988
  4. Landreth Machinery Co. v. RoneyMissouri Court of Appeals · 1915
  5. St. Louis Sash & Door Works v. TonkinsMissouri Court of Appeals · 1915

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