Crane Co. v. Smith
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) Plaintiff failed to prove that the goods ordered by King Brothers (the subcontractor) were used by the subcontractor in appellant Smith’s apartment houses, and therefore, the court should have directed a verdict for the appellant Smith. Current River Lumber Co. v. Cravens, 54 Mo.
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Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) Plaintiff failed to prove that the goods ordered by King Brothers (the subcontractor) were used by the subcontractor in appellant Smith’s apartment houses, and therefore, the court should have directed a verdict for the appellant Smith. Current River Lumber Co. v. Cravens, 54 Mo. App. 216; Sehulenburg Lumber Co. v. Johnson, 38 Mo: App. 404; Simmons v. Carrier, 60 Mo. 581; House v. Carroll, 37 Mo. 578; Craves v. Pierce, 53 Mo. 423; Stephens Lumber Co. v. Kansas City Lumber Co., 72 Mo. App. 248; Moon v. Brown, 172 Mo. App. 510;…
1Opinion of the CourtEllison, P. J.
Plaintiff’s action is to enforce a mechanic’s lien as subcontractor against two buildings in Columbia, known as apartment houses. It recovered judgment in the trial court for the enforcement of the lien.
Defendant Smith contracted with McCormick for the erection of the buildings and the latter let the plumbing to King Brothers and they purchased the material from plaintiff, who lives in St. Louis. Plaintiff marked it “Smith Job” and shipped to King Brothers at Columbia. It is contended that there was no proof that the material, though furnished to King Brothers for the buildings by plaintiff,…
2Cases cited5 opinions
- Rice v. HodgeSupreme Court of Kansas · 1881
- Darlington Lumber Co. v. HarrisMissouri Court of Appeals · 1904
- Seattle Lumber Co. v. SweeneyWashington Supreme Court · 1906
- Badger Lumber Co. v. MuehlebachMissouri Court of Appeals · 1904
- Boland v. WebsterMissouri Court of Appeals · 1907
3Cited by4 opinions
- Boyer Lumber, Inc. v. BlairMissouri Court of Appeals · 1974
- City of Springfield v. KochMissouri Court of Appeals · 1934
- Rust Sash Door Co. v. Bryant (mo.app.K.C. 1939)Missouri Court of Appeals · 1939
- Baker v. BakewellMissouri Court of Appeals · 1919