Edward McLundie & Co. v. Mount
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon~. Geo. H. Williams, Judge. (1) A materialman can have a mechanic’s' lien; only when the said materials are furnished in pursuance’ to a contract with the owner or his contractor. And the contract meant is the one between the owner and the-contractor and not the one between the contractor and: the materialman. There can be no materialman’s lien1 unless there is a contract between the owner of the lot and the contractor.
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Appeal from St. Louis City Circuit Court. — Hon~. Geo. H. Williams, Judge. (1) A materialman can have a mechanic’s' lien; only when the said materials are furnished in pursuance’ to a contract with the owner or his contractor. And the contract meant is the one between the owner and the-contractor and not the one between the contractor and: the materialman. There can be no materialman’s lien1 unless there is a contract between the owner of the lot and the contractor. Kline v. Perry, 50 Mo. App. 422; Jose y. Hoyt, 106 Mo. App. 594; Horton y. St. L., etc., Ry. Co., 84 Mo. 609; Hengstenberg y.…
1Opinion of the CourtGoode, J.
Respondent does plumbing work and installs plumbing apparatus in buildings. In the year 1906, T. L. Houser, one of the original defendants *663in the case, and respondent entered into a contract by ., which respondent undertook to do the plumbing work and furnish plumbing materials for a building on Arco avenue in the city of St. Louis between the Kingshighway and Taylor avenues. Houser was the contractor to erect the entire building. His contract was in writing, dated April 25,1906, and was executed by himself on one side and by Ida Mount, wife of J oseph Mount, appellant, and Gussie and Mamie…
2Cases cited17 opinions
- Coe v. RitterSupreme Court of Missouri · 1885
- Rose v. Persse & Brooks Paper WorksSupreme Court of Connecticut · 1860
- Crandall v. CooperSupreme Court of Missouri · 1876
- Wibbing v. PowersSupreme Court of Missouri · 1857
- Missouri Fire Clay Works v. EllisonMissouri Court of Appeals · 1888
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3Cited by10 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Structo Corp. v. Leverage Investment Enterprises, Ltd.Missouri Court of Appeals · 1981
- R. D. Kurtz, Inc. v. FieldMissouri Court of Appeals · 1929
- American Radiator Co. v. Conner Plumbing & Heating Co.Supreme Court of Missouri · 1919
- Brace v. Gauger-Korsmo Const. Co.Court of Appeals for the Eighth Circuit · 1929
5 more not listed; retrieve them via the Exa API.