McMillan & Parker v. Ball & Gunning Milling Co.
Missouri Court of Appeals
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
- McDermott v. ClaasSupreme Court of Missouri · 1890
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1913
- National Press Brick Co. v. W. H. Lester Construction Co.Missouri Court of Appeals · 1913