Barker v. Berry
Missouri Court of Appeals
Error to the St. Louis Circuit Court. If the wife knew the house was to be built, and that it was intended for her use as a family residence, and if she visited the building and gave personal directions as to some portions of the work, thereby ratifying the act of her husband in erecting said house, and has since lived in it, then a lien would obtain. — Collins v. Megraw, 47 Mo. 495; Burgwald v. Weippert, 49 Mo. 60 ; Schmitt v. Wright, 6 Mo.
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Error to the St. Louis Circuit Court. If the wife knew the house was to be built, and that it was intended for her use as a family residence, and if she visited the building and gave personal directions as to some portions of the work, thereby ratifying the act of her husband in erecting said house, and has since lived in it, then a lien would obtain. — Collins v. Megraw, 47 Mo. 495; Burgwald v. Weippert, 49 Mo. 60 ; Schmitt v. Wright, 6 Mo. App. 601; Schwab v. Saunders, 46 111. 18 ; Barker v„ Berry, 4 Mo. App. 585 ; Weber v. Weatherbie, 34 Md. 656 ; Decamp v. Gaskill, 1 Cin. Superior Ct. 337…
1Opinion of the CourtHayden, J.
This is a suit brought by a subcontractor against Berry, the contractor, and Edward C. and Harriet Chamberlin, to enforce a mechanic’s lien. The house was built under a written contract between Edward C. Chamberlin, the husband, on the one part, and the defendant Berry, “ with John Barker as security,” as the contract states, as party of the second part. The title to the land was in Mrs. Chamberlin, the wife, by deed directly to her and her heirs, and she was not mentioned in the contract. The contention of the plaintiff upon the trial was that the wife gave directions as to the construction…
2Cases cited3 opinions
- Barnes v. GottschalkMissouri Court of Appeals · 1876
- Burgwald v. WeippertSupreme Court of Missouri · 1871
- Collins v. MegrawSupreme Court of Missouri · 1871
3Cited by7 opinions
- Badger Lumber Co. v. SteppSupreme Court of Missouri · 1900
- Kansas City Planing Mill Co. v. BrundageMissouri Court of Appeals · 1887
- Carthage Marble & White-Lime Co. v. BaumanMissouri Court of Appeals · 1891
- Mantz v. MaguireMissouri Court of Appeals · 1892
- Kline v. PerryMissouri Court of Appeals · 1892
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