McGuinn v. Federated Mines & Milling Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) By virtue of the provisions of the lease in evidence the sub-lessee of defendant as to the substantial improvements contemplated, provided for, directed and procured became the representative, the agent, or alter ego of 'defendant and plaintiff became entitled to his lien upon the property (boiler etc.) repaired and improved. Westport Lbr. Co. v. Harris, 131 Mo. App. 94; Lbr. Co. v. Churchill, 114 Mo.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) By virtue of the provisions of the lease in evidence the sub-lessee of defendant as to the substantial improvements contemplated, provided for, directed and procured became the representative, the agent, or alter ego of 'defendant and plaintiff became entitled to his lien upon the property (boiler etc.) repaired and improved. Westport Lbr. Co. v. Harris, 131 Mo. App. 94; Lbr. Co. v. Churchill, 114 Mo. App. . 578, 104 S. W. 478; Curtin Hdwe. Co. v. Churchill, 126 Mo. App. 462; Price v. Merritt, 55 Mo. App. 640; Sawyer Co. v.…
1Opinion of the Court
GRAY, J. —
This action was instituted to foreclose a mechanic’s lien filed by the plaintiff against a certain mining plant composed of boilers, engines, and other machnery, and building enclosing same, situated upon certain real estate in Jasper county.
The evidence discloses that the defendant was the owner of a mining lease on 1he real estate in question, and was also the owner of the mining plant above mentioned; that it leased the same to one Pottorff, who assigned the same to one Hollywood. After *31Hollywood took possession of the property under the léase, he had the plaintiff repair the…
2Cases cited18 opinions
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Carey-Lombard Lumber Co. v. JonesIllinois Supreme Court · 1900
- Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
- Curtin-Clark Hardware Co. v. ChurchillMissouri Court of Appeals · 1907
- Cowen v. . PaddockNew York Court of Appeals · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Redco Construction v. Profile Properties, LLCWyoming Supreme Court · 2012
- Ward v. NoldeSupreme Court of Missouri · 1914
- Utley v. WearMissouri Court of Appeals · 1960
- Jordan v. Natrona Lumber Co.Wyoming Supreme Court · 1938
- Campbell v. TeepleCourt of Appeals of Texas · 1925
6 more not listed; retrieve them via the Exa API.