Sanders' Pressed Brick Co. v. Barr
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. An objection to the introduction of any evidence because the pleadings fail to state a cause of action, is in the nature of a demurrer, and admits for the sake of its consideration, the truth of allegations of fact well pleaded. * * * If a cause of action may be •gathered by fair inference from all the allegations of the pleadings, such objection should be overruled.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. An objection to the introduction of any evidence because the pleadings fail to state a cause of action, is in the nature of a demurrer, and admits for the sake of its consideration, the truth of allegations of fact well pleaded. * * * If a cause of action may be •gathered by fair inference from all the allegations of the pleadings, such objection should be overruled. Young v. Shiekle, H. & H. Iron Co., 103Mo. 324, loc. •cit. 327; Lycett v. Wolff, 45 Mo. App. 489, loc. cit. 493. The right to file and maintain a…
1Opinion of the CourtBond, J.
The plaintiff asks for a personal judgment against the general contractor one Barr, and a lien upon the property of the owner of a building on account of material furnished in its construction. The answer of the owner admitted the making of a building contract with Barr, in consideration of which it averred that the plaintiff agreed m writing with the owner that it would furnish all the bricks required for the work of the general contractor, and expressly stipulated for a release of “all mechanics’ lien, right and interest, which it (plaintiff) would otherwise have for any material which it…
2Cases cited2 opinions
- Wirt v. SchumanMissouri Court of Appeals · 1896
- Pim v. GreerMissouri Court of Appeals · 1895
3Cited by10 opinions
- Carman v. HarrahMissouri Court of Appeals · 1914
- Hammond Hotel & Improvement Co. v. WilliamsIndiana Court of Appeals · 1931
- Tomlinson Ex Rel. Tomlinson v. MarshallMissouri Court of Appeals · 1921
- Howard v. ScottMissouri Court of Appeals · 1903
- Davis v. CulmerMissouri Court of Appeals · 1927
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