City of Bethany v. Howard
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The provisions of the contract requiring Howard to pay for all work and material and to furnish statements of the same, with receipted bills, to the city; and authorizing the city at any time to apply any part of the contract price to the payment of such claims, were legal and valid; and such provisions under the allegations of the petition, gave the materialmen an equitable lien upon the portion of the contract price yet…
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Transferred from Kansas City Court of Appeals. (1) The provisions of the contract requiring Howard to pay for all work and material and to furnish statements of the same, with receipted bills, to the city; and authorizing the city at any time to apply any part of the contract price to the payment of such claims, were legal and valid; and such provisions under the allegations of the petition, gave the materialmen an equitable lien upon the portion of the contract price yet remaining in the hands of the city, and which the city was about to apply under the provisions referred to. Luthy v.…
1Opinion of the CourtGantt, P. J.
From a judgment sustaining a demurrer to plaintiffs petition, plaintiff appeals.
The cause is in this court on an order transferring it from the Kansas City Court of Appeals.,The petition is in these words:
“Plaintiff for amended petition for cause of action states that it is a municipal corporation duly and legally organized under the laws of the State of Missouri, as a city of the fourth class; that on the 18th day of June, 1894, the plaintiff and the defendant L. "W". Howard by authority of and in-pursuance to an ordinance duly passed and approved, made and entered into a written contract, a…
2Cases cited2 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Devers v. HowardSupreme Court of Missouri · 1898
3Cited by10 opinions
- Crone v. StindeSupreme Court of Missouri · 1900
- Turner v. GregorySupreme Court of Missouri · 1899
- Beattie Manufacturing Co. v. GerardiSupreme Court of Missouri · 1901
- La Crosse Lumber Co. v. SchwartzMissouri Court of Appeals · 1912
- Kansas City ex rel. Diamond Brick & Tile Co. v. SchroederSupreme Court of Missouri · 1906
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