City of St. Louis ex rel. Contracting & Supply Co. v. Hill-O'Meara Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. The main contractor having paid the subcontractor the contract price in full, the materialman who furnished material to the subcontractor was not entitled to recover on the bond furnished by the main contractor, and the court below erred in refusing' defendants ’ instruction Émd in finding in favor of the plaintiff. Berger Mfg.
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Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. The main contractor having paid the subcontractor the contract price in full, the materialman who furnished material to the subcontractor was not entitled to recover on the bond furnished by the main contractor, and the court below erred in refusing' defendants ’ instruction Émd in finding in favor of the plaintiff. Berger Mfg. Co. v. Lloyd, 209' Mo. 681. (1) The right of the materialman who furnished material for the building, which material went into the building, under contract with the contractor’s subcontractor, to…
1Opinion of the CourtAllen, J.
This is an action on the bond of a contractor for the erection of an addition to the insane asylum of the city of St. Louis, brought in the name of said city to the use and for the benefit of the relator, the Contracting & Supply Company, to recover a balance alleged to be due the relator for materials furnished to and for such building under contract with a subcontractor of the defendant, Hill-0’Meara Construction Company, the latter being the original contractor. All the parties to the record are corporations. The plaintiff recovered and the defendants prosecute the appeal.
It appears that…
2Cases cited17 opinions
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Kansas City ex rel. Kansas City Hydraulic Press Brick Co. v. YoumansSupreme Court of Missouri · 1908
- Ittner v. HughesSupreme Court of Missouri · 1896
- Hydraulic Press Brick Co. v. School DistrictMissouri Court of Appeals · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Camdenton Consolidated School District No. 6 Ex Rel. W. H. Powell Lumber Co. v. New York Casualty Co.Supreme Court of Missouri · 1937
- Pneucrete Corp. v. United States Fidelity & Guaranty Co.California Court of Appeal · 1935
- New Britain Lumber Co. v. American Surety Co.Supreme Court of Connecticut · 1931
- Hilton v. Construction Co.Missouri Court of Appeals · 1919
- City of St. Louis Ex Rel. Stone Creek Brick Co. v. Kaplan-McGowan Co.Missouri Court of Appeals · 1937
12 more not listed; retrieve them via the Exa API.