Pullis v. Hoffman
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. Any material furnished by plaintiffs, and by them laid in Locust street, is not the subject-matter of a lien, and any material so furnished, or work and labor done in placing the same in Locust street, would not be the subject-matter of a lien within the meaning of the mechanics’ lien act.
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Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. Any material furnished by plaintiffs, and by them laid in Locust street, is not the subject-matter of a lien, and any material so furnished, or work and labor done in placing the same in Locust street, would not be the subject-matter of a lien within the meaning of the mechanics’ lien act. As early as 1852, in the case of Edgar v. Salisbury, the Supreme Court of this state decided that the mechanics ’ lien act gave no lien to an agent employed to disburse money and pay off hands in the building of a house, and held in that…
1Opinion of the CourtThompson, J.
This is an action by a firm of subcontractors against the principal contractor, for the erection of a building, and also against the owner of the building and premises, to recover a balance due for work and labor done, .and materials furnished, in the erection of the building under a contract with the principal contractor, and also to enforce a lien for such balance upon the building, and the land on which it is situated. The principal contractor, Hoffman, answered with a general denial; the owner of the building and premises, McManus, filed a separate answer, portions of which were stricken…
2Cases cited4 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Nelson v. WithrowMissouri Court of Appeals · 1883
- Johnson v. Barnes & Morrison Building Co.Missouri Court of Appeals · 1886
- Henry v. HindsMissouri Court of Appeals · 1885
3Cited by10 opinions
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Ladue Contracting Co. v. Land Development Co.Missouri Court of Appeals · 1960
- Darlington Lumber Co. v. HarrisMissouri Court of Appeals · 1904
- Badger Lumber Co. v. Marion Water Supply, Electric Light & Power Co.Supreme Court of Kansas · 1892
- Midland Lumber Co. v. KreegerMissouri Court of Appeals · 1893
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