Weis & Jennett Marble Co. v. Gardiner
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Hon. Kent K. Koerner, Judge. (1) A party who furnishes work- and materials for altering, repairing or improving a building under contract with a party holding a leasehold or licensed interest in the property is entitled to a lien on the materials furnished and on the building and on the leasehold or licensed interest.
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Appeal from the Circuit Court of the City of St. Louis. — Hon. Kent K. Koerner, Judge. (1) A party who furnishes work- and materials for altering, repairing or improving a building under contract with a party holding a leasehold or licensed interest in the property is entitled to a lien on the materials furnished and on the building and on the leasehold or licensed interest. Section 8216, R. S. as amended by the Session Acts of 1911, page 312. (2) Where a lease binds the lessee to make improvements and provides that the improvements shall revert to the owner, this constitutes the lessee the…
1Opinion of the CourtBecker, J.
This is a suit to enforce a mechanic’s lien originating in the justice of the peace court in the city of St. Louis. From a judgment for plaintiff an appeal was taken to the circuit court by Simon D. Rossi, the owner of the property, one of the defendants, the other defendant, William W. Gardiner, lessee, did not appeal. The case was twice tried in the same division of the circuit court, but by different judges, each time without the intervention of a jury. On the first trial of the case de novo in the circuit court, judgment was rendered for the defendant. Later the trial judge set this…
2Cases cited7 opinions
- Ward v. NoldeSupreme Court of Missouri · 1914
- Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
- Curtin-Clark Hardware Co. v. ChurchillMissouri Court of Appeals · 1907
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- McGuinn v. Federated Mines & Milling Co.Missouri Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Allen Estate Ass'n v. Fred Boeke & SonSupreme Court of Missouri · 1923
- Utley v. WearMissouri Court of Appeals · 1960
- Newport v. HedgesMissouri Court of Appeals · 1962
- Gem State Lumber Co. v. Union Grain & Elevator Co.Idaho Supreme Court · 1929
- Concrete Engineering Co. v. Grande Building Co.Missouri Court of Appeals · 1936
1 more not listed; retrieve them via the Exa API.