Weber v. Collins
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The referee admitted illegal and incompetent evidence against the objections of the defendants. Carthage MaA'ble Co. v. Baivman, 44 Mo. App. 886. (2) There is no evidence tending to show that the defendant, M. R. Collins, Jr., was a party to the contract and it was error, therefore, to ’render judgment against him. Carthage Marble Co. v. Bauman, 44 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The referee admitted illegal and incompetent evidence against the objections of the defendants. Carthage MaA'ble Co. v. Baivman, 44 Mo. App. 886. (2) There is no evidence tending to show that the defendant, M. R. Collins, Jr., was a party to the contract and it was error, therefore, to ’render judgment against him. Carthage Marble Co. v. Bauman, 44 Mo. App. 386; Squires v. Fithian’s AdmW, 27 Mo. 134; Bridwell v¿ Clark, 39 Mo. 170. (3) The judgment is excessive, and the referee erred in not charging plaintiffs for more…
1Opinion of the CourtMacfarlane, J.
The suit is by plaintiffs, as contractors, against Clara S. Collins, Monroe R. Collins, husband of the said Clara, and ^Robert E. Collins, upon a balance of an account for building a dwelling house,, and to establish and enforce a mechanic’s lien upon the land and building for the contract price.
The petition charges, in substance, that plaintiffs furnished the materials and constructed a dwelling ho'use, on Lindell avenue in the city of St. Louis, under a contract with defendant Clara S. Collins, in behalf of herself and her husband and codefendant, Monroe R. Collins. The contract price was…
2Cases cited5 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Briggs v. MunchonSupreme Court of Missouri · 1874
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
- Howard County v. BakerSupreme Court of Missouri · 1894
- Kelly v. ThueySupreme Court of Missouri · 1890
3Cited by9 opinions
- Priddy v. BoiceSupreme Court of Missouri · 1907
- Wallis v. Inhabitants of WenhamMassachusetts Supreme Judicial Court · 1910
- Donner v. WhitecottonCourt of Appeals of Kansas · 1919
- Perles & Stone, Inc. v. Childs Co.Supreme Court of Missouri · 1935
- Central Lumber & Manufacturing Co. v. Reyburn-Laird Real Estate, Building & Construction Co.Missouri Court of Appeals · 1915
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