Moon v. Brown
Missouri Court of Appeals
Appeal from Jackson Circuit’ Court — Hon Jas. H. Slover, Judge. (1) In the absence of contradictory proof a materialman, in order to maintain a mechanic’s lien, is . not obliged to show, except in a general way, that his material was used in the house. Lumber Co. v. Harris, 107 Mo. App. 151; Lumber Co. v. Greffet, 154 Mo.
Read the full summary
Appeal from Jackson Circuit’ Court — Hon Jas. H. Slover, Judge. (1) In the absence of contradictory proof a materialman, in order to maintain a mechanic’s lien, is . not obliged to show, except in a general way, that his material was used in the house. Lumber Co. v. Harris, 107 Mo. App. 151; Lumber Co. v. Greffet, 154 Mo. App. 39; Eice & Floyd v. Hodge Brothers, 26 Kan. 170. (2) To. make out an estoppel it must among other things be shown by the party setting up the estoppel that he has suffered injury by the conduct of the party to be estopped. The burden of proving all the elements of an…
1Opinion of the CourtTrimble, J.
Appellant has sued to establish, a lien for lumber sold for, and alleged' to have been used in, the erection of respondent’s house. The case was tried by the court a jury being waived. The court rendered a personal judgment against the contractors for the amount claimed, but refused appellant a hen.
Respondent Brown was the owner of the lot at No. 15, East Concord avenue, Kansas City, Missouri, and a Mr. Thompson owned the lot adjoining known as No. 11, East Concord avenue. For convenience they will hereinafter be respectively referred to as the Brown lot and the Thompson lot. These owners…
2Cases cited3 opinions
- Rice v. HodgeSupreme Court of Kansas · 1881
- Cote Brilliant Pressed Brick Co. v. SadringMissouri Court of Appeals · 1896
- D. T. Norton Lumber Co. v. Driving Park Ass'nMissouri Court of Appeals · 1896
3Cited by2 opinions
- Boyer Lumber, Inc. v. BlairMissouri Court of Appeals · 1974
- Missouri Interstate Paper Co. v. GreshamMissouri Court of Appeals · 1938