Chicago Lumber Co. v. Mahan
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. The court erred in directing the jury to return a verdict in favor of Mary and Fred Hesse under the authorities of Lime Co. v. Batman, 44 Mo. App. 387; Fischer v. Auslyn, 30 Mo. App. 316; Leisse v. Schwarts, 6 Mo. App. 413; Collins v. Megraw, 47 Mo. 497; Seaman v. Padcloclc, 51 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. The court erred in directing the jury to return a verdict in favor of Mary and Fred Hesse under the authorities of Lime Co. v. Batman, 44 Mo. App. 387; Fischer v. Auslyn, 30 Mo. App. 316; Leisse v. Schwarts, 6 Mo. App. 413; Collins v. Megraw, 47 Mo. 497; Seaman v. Padcloclc, 51 Mo. App. 465. (1) The very foundation to the right to this lien “is the existence of a contract for the work and materials with the owner of the property to be improved. Unless the owner, by himself or his authorized agent, has contracted for the…
1Opinion of the CourtGill, J.
— This is' an action to enforce a mechanics’' lien against the real estate of defendant, Mary Hesse, a married woman. Defendant Mahan was the contractor for furnishing’the lumber, etc., and doing the carpenters’ work on the building erected, and from plaintiffs-he purchased the necessary material. Mahan failed to pay, and this suit was brought whereby it was sought, to enforce a mechanics’ lien against the property improved. At the close of the testimony the trial court held that no lien could be enforced, and under a peremptory instruction the jury found for defendant. Hesse, and the…
2Cases cited6 opinions
- Kansas City Planing Mill Co. v. BrundageMissouri Court of Appeals · 1887
- Carthage Marble & White-Lime Co. v. BaumanMissouri Court of Appeals · 1891
- Leisse v. SchwartzMissouri Court of Appeals · 1879
- Fischer & Co. v. AnslynMissouri Court of Appeals · 1888
- Tucker v. GestSupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Badger Lumber & Coal Co. v. PugsleyMissouri Court of Appeals · 1933
- Farley v. StroehMissouri Court of Appeals · 1896
- Alexander v. PerkinsMissouri Court of Appeals · 1897