Curtin-Clark Hardware Co. v. Churchill
Missouri Court of Appeals
Appeal from Bucha.iift.ii Circuit Court. — Bon. Ghesley A. Mosmuw.; Judge. (1) Every person must ascertain at his peril the title of the person with whom he is contracting and for whom he is furnishing material and labor, and in order to charge the fee it is necessary that there be a contract. between the owner of the fee and some person, who, under the mechanic’s lien law is called an original contractor, that the improvements are to be made and unless there is such a…
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Appeal from Bucha.iift.ii Circuit Court. — Bon. Ghesley A. Mosmuw.; Judge. (1) Every person must ascertain at his peril the title of the person with whom he is contracting and for whom he is furnishing material and labor, and in order to charge the fee it is necessary that there be a contract. between the owner of the fee and some person, who, under the mechanic’s lien law is called an original contractor, that the improvements are to be made and unless there is such a contract the lien must fail. Mill Co. v. Brundage, 25 Mo. App. 268; Kling v. Railroad, 4 Mo. App. 574; Horton v. Railroad, 84…
1Opinion of the CourtJohnson, J.
Action to enforce a mechanic’s lien. The parties defendant, premises and transaction are the same as those before, us in the case of Dougherty-Moss Lumber Co. v. Churchill, 114 Mo. App. 578, and we refer to the opinion in that case for a statement of facts which appear in the present record. Additional facts are before us which the appealing defendant argues serve to differentiate the two cases. They will be. found in the findings of fact made by the trial court (a jury being waived by the parties) which are as follows:
“The Court, in addition to the facts stated in the agreed statement of…
2Cases cited6 opinions
- Henderson v. ConnellyIllinois Supreme Court · 1887
- Carey-Lombard Lumber Co. v. JonesIllinois Supreme Court · 1900
- Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
- Hill v. GillSupreme Court of Minnesota · 1889
- Crandall v. SorgIllinois Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Potter v. ConleySupreme Court of Kansas · 1911
- Utley v. WearMissouri Court of Appeals · 1960
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Oregon Lumber & Fuel Co. v. NolanOregon Supreme Court · 1914
20 more not listed; retrieve them via the Exa API.