Simmons v. Carrier
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. F. P. Wright, Judge. The facts of this case will be found in a ‘former report in 60 Mo. 581. The following are the instructions given and refused on the second trial.
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Appeal from Henry Circuit Court. — Hon. F. P. Wright, Judge. The facts of this case will be found in a ‘former report in 60 Mo. 581. The following are the instructions given and refused on the second trial. On the part of plaintiff the court gave the following instructions: 1. If the jury believe from the evidence that the plaintiff' furnished the lumber in question to Carrier, as contractor under the other defendants, to be used in the erection of the building mentioned in the petition, and that the same was so used by said Carrier, and that the plaintiffs did file the lien stated in the…
1Opinion of the CourtNorton, J.
This cause has, heretofore, been before this court on the appeal of defendants, and the judgment was then reversed, because the instructions given by the court were contradictory, and because the jury were authorized by them to find for plaintiffs without finding that the materials furnished were used in the construction of ' the building upon which the lien was claimed. It is reported in 60 Mo. 581, to which we refer as containing a statement of the ease. Hpon a second trial plaintiffs again *420obtained judgment, from which defendants have appealed and seek a reversal thereof, because of the…
2Cases cited3 opinions
- Henslee v. CannefaxSupreme Court of Missouri · 1872
- Allen v. RansonSupreme Court of Missouri · 1869
- Simmons, Garth & Co. v. CarrierSupreme Court of Missouri · 1875
3Cited by3 opinions
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
- State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
- Kempf v. RangerSupreme Court of Minnesota · 1916