Legal Opinion · Dissent

McMillan & Parker v. Ball & Gunning Milling Co.

Missouri Court of Appeals

Decided June 17, 1915Published

Appeal from Jasper County Circuit Court, Division Number Two. — Hon. Joseph D. Perltins, Judge. Statement. — This is a suit brought by McMillan & Parker, a copartnership, for the purpose of establishing and enforcing a mechanic’s lien against property owned by defendant, The Ball & Cunning Milling Company, a corporation.

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Appeal from Jasper County Circuit Court, Division Number Two. — Hon. Joseph D. Perltins, Judge. Statement. — This is a suit brought by McMillan & Parker, a copartnership, for the purpose of establishing and enforcing a mechanic’s lien against property owned by defendant, The Ball & Cunning Milling Company, a corporation. The firm of Stone & Watts was also joined as a defendant, which firm was the original contractor in erecting an improvement on the land of The Ball & Cunning Milling Company. The plaintiffs entered into a subcontract set out in the record with the original contractors, Stone…

1Dissent

*352DISSENTING OPINION.

ROBERTSON, P. J.

The testimony in the trial of this case was very brief and is dne, I think, to the fact that only two defenses were relied upon. One was that the notice is defective because it names individuals and not the corporation; the other is, that the lien statement is defective for the same reason. I think the record sustains this assertion of the defenses.

The majority opinion announces the correct conclusions and I think properly declares the law until the conclusion is reached, as announced in the latter part of the opinion, that the plaintiffs “failed to show…

2Cases cited3 opinions

  1. McDermott v. ClaasSupreme Court of Missouri · 1890
  2. City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1913
  3. National Press Brick Co. v. W. H. Lester Construction Co.Missouri Court of Appeals · 1913

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