Rankin v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) The plaintiff is not entitled to a lien on the defendant railroad for the reason that it had no written contract with Rankin & Willard, sub-contractors, to perform the services rendered. JR. S. 1899, sec. 4239. Isenman v. Fugate, 36 Mo. App. 166; 2 Jones on Liens (1 Ed.), secs. 1265; Schroeder v. Galland, 134 Pa. St. 277, 19 Am. St. Rep. 691; Kelly v. Guar. & Accident Co., 97 Mo.
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Appeal from Clark Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) The plaintiff is not entitled to a lien on the defendant railroad for the reason that it had no written contract with Rankin & Willard, sub-contractors, to perform the services rendered. JR. S. 1899, sec. 4239. Isenman v. Fugate, 36 Mo. App. 166; 2 Jones on Liens (1 Ed.), secs. 1265; Schroeder v. Galland, 134 Pa. St. 277, 19 Am. St. Rep. 691; Kelly v. Guar. & Accident Co., 97 Mo. App. 626; Curran v. Downs, 7 Mo. App. 329; Clark v. Laird, 60 Mo. App. 289. (2) The petition and lien claim purports to give the counties in the…
1Opinion of the CourtGoode, J.
May 15, 1906, defendant entered into a contract with the General Construction Company of Davenport, Iowa, to do “all the grubbing, clearing, grading, and to furnish all materials, unless otherwise specified, and to do and supply all other things requisite and necessary to complete the roadbed and prepare the same ready for receiving the superstructure upon that portion of the railway of the company known and designated as the ‘Missouri Division,’ for second track between the stations of Nixon and Wyaconda, including change of line.” Said contract between defendant and the General Construction…
2Cases cited4 opinions
- Cole v. . ReynoldsNew York Court of Appeals · 1858
- Willis v. BarronSupreme Court of Missouri · 1898
- Crosby v. TimolatSupreme Court of Minnesota · 1892
- Schnebly v. CulterAppellate Court of Illinois · 1886
3Cited by2 opinions
- Golden City Banking Co. v. MorrowMissouri Court of Appeals · 1914
- Kaufman v. DavisMissouri Court of Appeals · 1913