South Missouri Land Co. v. Combs

— This is an action for $162.80, the price of lumber furnished by plaintiff in the construction of a house on a lot in Willow Springs belonging to G-. W. Rhea, and for judgment declaring said sum a lien on said property. The cause was tried, by the court upon an agreed statement of facts. The court gave judgment in favor of the plaintiff and against defendant Rhea for the debt sued for, but refused a lien on the property.

It is the settled law of this state that appellate courts will consider a case tried upon an agreed state of facts as one in, which a special verdict has been rendered, and…