Elliott & Barry Engineering Co. v. Baker
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Jas. E. Withrow, Judge. (1) The statute relating to mechanic’s liens is highly remedial to its nature and should receive a liberal construction in favor of. the lienor. DeWitt v. Smith, 63 Mo. 263; Waldon v. Robertson, 120 Mo. 38; Hicks v. Scofield, 121' Mo. 381; O’Shea v. O’Shea, 91 Mo.
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Appeal from St. Louis City Circuit Court. — No». Jas. E. Withrow, Judge. (1) The statute relating to mechanic’s liens is highly remedial to its nature and should receive a liberal construction in favor of. the lienor. DeWitt v. Smith, 63 Mo. 263; Waldon v. Robertson, 120 Mo. 38; Hicks v. Scofield, 121' Mo. 381; O’Shea v. O’Shea, 91 Mo. App. 221. (2) A mortgage or other lien prior in point of time, to a mechanic’s lien, has priority over such mechanic’s lien as to the property which was in existence and covered by the mortgage at the time it was executed, and as to all repairs thereto; but a…
1Opinion of the CourtGoode, J.
In July, 1906, respondent Ella M. Baker owned a house and lot in St. Louis, but incumbered by two deeds of trust, executed May 15, 1906; one for a large amount. Prior to the trial the second deed of trust had been foreclosed and the property passed to the purchaser at the foreclosure sale. On July 18th of said year, Ella M. Baker engaged appellant, a corporation, to install in her residence a hot water heating apparatus in lieu of a hot air furnace, agreeing to pay $635 for the work. Appellant, was to furnish the apparatus necessary for heating by hot water, including a boiler to be placed in…
2Cases cited7 opinions
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
- Dugan v. ScottMissouri Court of Appeals · 1889
- Haeussler v. ThomasMissouri Court of Appeals · 1877
- Hall v. Mullanphy Planing Mill Co.Missouri Court of Appeals · 1885
- Hall v. St. Louis Manufacturing Co.Missouri Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Trout's Investments, Inc. v. DavisMissouri Court of Appeals · 1972
- Jones Lumber Co. v. SnyderMissouri Court of Appeals · 1927
- Morrison v. State Trust Co.Court of Appeals of Texas · 1925
- Orear v. Dierks Lumber Co.Missouri Court of Appeals · 1915
- Lowry-Miller Lumber Co. v. DeanMissouri Court of Appeals · 1930
2 more not listed; retrieve them via the Exa API.