Compound Lumber Co. v. Fehlhammer Planing Mill Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. The plaintiff, , having confused its six claims by charging them together in one account, and by having accepted from the Fehlhammer Planing Mill Company its one draft for an amount covering its demand against the six independent houses, has failed to preserve the unity and identity of its several claims, and has thereby lost its right to file a lien against any one of the buildings.
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Appeal from the St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. The plaintiff, , having confused its six claims by charging them together in one account, and by having accepted from the Fehlhammer Planing Mill Company its one draft for an amount covering its demand against the six independent houses, has failed to preserve the unity and identity of its several claims, and has thereby lost its right to file a lien against any one of the buildings. Schulenbiwg & BoecJceler Lumber Go. v. Robinson, 5 Moí App. 561; Reitz v. Ghio, 47 Mo. App. 287.
1Opinion of the CourtRombauer, P. J.
Four cases, all depending for their determination upon the same facts, are submitted by stipulation of counsel as one case. They are mechanic’s lien suits, and were tried by the court without the intervention of a jury, the trials resulting in a judgment for plaintiff upholding the liens. The owner of the property alone appeals/' and the only error he assigns is that the evidence does not warrant a judgment of lien against his property.
There is no substantial conflict in the evidence, which establishes the following facts. Tht defendant Higgins is a contractor and builder. In the summer *663of…
2Cases cited3 opinions
- Waterman v. YoungerSupreme Court of Missouri · 1872
- Hayden v. LoganMissouri Court of Appeals · 1881
- Schulenburg v. RobisonMissouri Court of Appeals · 1878
3Cited by3 opinions
- Darlington Lumber Co. v. HarrisMissouri Court of Appeals · 1904
- Putthoff v. WalkerMissouri Court of Appeals · 1923
- Christopher & Simpson Architectural Iron & Foundry Co. v. KellyMissouri Court of Appeals · 1901