Legal Opinion

Sawyer & Austin Lumber Co. v. Clark

Supreme Court of Missouri

Decided March 17, 1903PublishedCited by 23 opinions

Transferred'from St.' Louis Court of Appeals. (1) Clark was an owner within the purview of the statutes relating to mechanics’ liens, and, as such, could subject the property to a lien. Judd v. Duncan, 9 Mo. App. 417; 0 ’Leary v. Bowe, 45 Mo.

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Transferred'from St.' Louis Court of Appeals. (1) Clark was an owner within the purview of the statutes relating to mechanics’ liens, and, as such, could subject the property to a lien. Judd v. Duncan, 9 Mo. App. 417; 0 ’Leary v. Bowe, 45 Mo. App. 567; Kline v. Perry, 51 Mo-. App. 422; Meyer v. Christian, 64 Mov App. 203. (2) Plaintiff’s description of the lot was sufficiently accurate, and the partially incorrect description by metes and bounds in the petition may be rejected as surplusage on the maxim “Falsa demonstrate non nocet.” Brick and Machine Company v. Brick and Quarry Company, 151…

1Opinion of the CourtGantt, P. J.

On February 18,1898, S. J. Fisher contracted to sell to C. M. Clark a lot on the north side of Evans avenue in St. Louis city, with a frontage of twenty-six feet and nine .and one-half inches and a depth of one hundred and sixty-five feet. The lot was made up of twenty-five feet of the eastern portion of lot 19 and one foot nine and one-half inches off of the western portion of lot 18 of city block 3732. Fifty dollars cash was paid on account of said purchase, and the balance of the- purchase money was agreed to be paid forty days thereafter. There was evidence tending to show that the…

2Cases cited10 opinions

  1. Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
  2. Williams v. PorterSupreme Court of Missouri · 1873
  3. Ranson v. SheehanSupreme Court of Missouri · 1883
  4. Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.Supreme Court of Missouri · 1899
  5. Crandall v. CooperSupreme Court of Missouri · 1876

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3Cited by23 opinions

  1. Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
  2. Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
  3. Powers & Boyd Cornice & Roofing Co. v. MuirMissouri Court of Appeals · 1909
  4. Ashur v. McCreerySupreme Court of Oklahoma · 1931
  5. Lee & Boutell Co. v. C. A. Brockett Cement Co.Supreme Court of Missouri · 1937

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