Bruce v. Berg
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. Petition must allege that the materials were furnished under a contract.— Ph. on Liens, sect. 120 ; 55 Ind. 502 ; 45 Ind. 260 ; 4 Gray, ■289; 29 Barb. 20; 36 Mo. 578; 40 Mo. 561. That the ■materials were actually put into the building is not sufficient. — House v. Thompson, 36 Mo. 450. cited: Vollmer v. Papin, post, p. —; Fitzgerald v. Thomas, 61 Mo. 499; Garnett v. Berry, 3 Mo. App. 197.
1Opinion of the CourtHayden, J.
This is an action brought by a material-man against Berg and his partner, subcontractors ; Eagleson, contractor ; and Crawford, owner of the property against which a special judgment is asked. There was a judgment below enforcing a mechanic’s lien, and Eagleson and Crawford have appealed.
It is first contended that the petition is insufficient, as not showing that the materials were furnished under any contract with the subcontractors. By this, evidently, is meant express contract, as it is again contended that the contract must precede the beginning of the work on the building. If by this is…
2Cases cited3 opinions
- Garnett v. BerryMissouri Court of Appeals · 1876
- Hause v. CarrollSupreme Court of Missouri · 1866
- Hatch v. ColemanNew York Supreme Court · 1857
3Cited by7 opinions
- Minnehoma Financial Co. v. PauliWyoming Supreme Court · 1977
- National Surety Co. v. PriceCourt of Appeals of Kentucky · 1915
- Voightman & Co. v. Southern Railway Co.Tennessee Supreme Court · 1910
- Avery v. ButlerOregon Supreme Court · 1897
- Big Horn Lumber Co. v. DavisWyoming Supreme Court · 1906
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