Springfield Foundry & Machine Co. v. Cole
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. W. M. Robinson, Judge. (1) If a person owns the building, it is wholly immaterial whether he has any other interest in the premises or not in order to have a mechanic’s lien sustained against it. Kline v. Perry, 51 Mo. App. 422; Seaman v. Pacldock, 51 Mo. App. 468. (2) A tenancy from month to month may be subject to a mechanic’s lien. Leatherage v. Sheidley, 50 Mo.
Read the full summary
Appeal from Lawrence Circuit Court. — Hon. W. M. Robinson, Judge. (1) If a person owns the building, it is wholly immaterial whether he has any other interest in the premises or not in order to have a mechanic’s lien sustained against it. Kline v. Perry, 51 Mo. App. 422; Seaman v. Pacldock, 51 Mo. App. 468. (2) A tenancy from month to month may be subject to a mechanic’s lien. Leatherage v. Sheidley, 50 Mo. App. 495; Ombony v. Jones, 19 N. T. 234. (3) A mere right of possession is sufficient to sustain the lien. 2 Jones on Liens, sees. 1274, 1275. (4) The Colorado supreme court have held that…
1Opinion of the CourtQ-antt, P. J.
This was an action commenced by the plaintiff to enforce a mechanic’s lien for $3,983.62 against Eugene M. Cole, as contractor, and the Davie Mining and Development Company as the owner of the land and a certain building and the machinery therein. The case is in this court on a certificate of judgment only and the abstract does not contain the mechanic’s lien or any portion of the record proper. It falls far short of the requirement of the statute, but as no point is made upon the averments in the petition pr the correctness of the items or the good faith of the account sued on we will…
2Cases cited9 opinions
- Boone v. StoverSupreme Court of Missouri · 1877
- Thomas v. DavisSupreme Court of Missouri · 1882
- Richardson v. KochSupreme Court of Missouri · 1883
- Graves v. PierceSupreme Court of Missouri · 1873
- Brown v. BaldwinSupreme Court of Missouri · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.Supreme Court of Missouri · 1899
19 more not listed; retrieve them via the Exa API.