City of St. Louis v. O'Neil Lumber Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon, Jacob Klein, Judge. (1) Subcontractors are entitled in equity to payment out of a fund created in part by their own labor and materials in- preference to those bound for the performance of the contract, and general creditors of the principal contractors. Newhall v. Kastens, 70 111, 156; Luthey n. Woods, 6 Mo. App. 71; City v. Keane, 27 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon, Jacob Klein, Judge. (1) Subcontractors are entitled in equity to payment out of a fund created in part by their own labor and materials in- preference to those bound for the performance of the contract, and general creditors of the principal contractors. Newhall v. Kastens, 70 111, 156; Luthey n. Woods, 6 Mo. App. 71; City v. Keane, 27 Mo. App. 641. Section P of the contract should be so construed as to give it some meaning and effect. Bishop on Contracts [1 Ed.] sec. 579. (2) The O’Neil Lumber Company did not acquire any lien on the unpaid…
1Opinion of the CourtBiggs, J.
On the seventeenth day of July, 1888, the municipal assembly of the city of St. Louis passed an ordinance, authorizing the Board of Public Improvements to contract for certain alterations and repairs at the House of Refuge. Section 2 of the ordinance is as follows: “The cost of the above work shall be paid by the city of St. Louis, and , the sum of forty-five hundred dollars is hereby appropriated out of funds set apart for'improvements, alterations and repairs of the House of Refuge.” The work was let to- one James McLane, under three separate contracts. Contract, numbered 2071, provided for…
2Cases cited6 opinions
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Luthy v. WoodsMissouri Court of Appeals · 1878
- Pickens v. DorrisMissouri Court of Appeals · 1885
- Rieper v. RieperSupreme Court of Missouri · 1883
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3Cited by3 opinions
- Houser v. RichardsonMissouri Court of Appeals · 1901
- Bush v. ArnoldMissouri Court of Appeals · 1892
- McChesney v. City of SyracuseNew York Supreme Court · 1892