Flannery v. St. Louis Architectural Iron Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. „ It is settled by an unbroken line of authorities, of the highest character, that where a contractor has completed the building (as in this case), and turned the same over to the owner, who accepted the same as completed, and thereafter a third party is injured in an accident resulting from defects in materials which were used in the construction of the building, the injured party cannot maintain an…
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. „ It is settled by an unbroken line of authorities, of the highest character, that where a contractor has completed the building (as in this case), and turned the same over to the owner, who accepted the same as completed, and thereafter a third party is injured in an accident resulting from defects in materials which were used in the construction of the building, the injured party cannot maintain an action against the discharged contractor for such injuries, but responsibility for the safety of the building rests alone…
1Opinion of the CourtNortoni, J.
This is a suit on an implied warranty, for damages alleged to have accrued to plaintiff. The finding and judgment were for defendant and plaintiff prosecutes the appeal.
It appears plaintiff is a contractor and builder and one Grace employed him to erect a garage. Plaintiff purchased certain material, iron and steel, to be used in the construction of the building from defendant and among the articles so purchased were four steel rods to be used as trusses in supporting ■ the roof. The steel rods were ordered by plaintiff from defendant át specified lengths, and, to supply them, it was…
2Cases cited1 opinion
- Wisconsin Red Pressed Brick Co. v. HoodSupreme Court of Minnesota · 1897
3Cited by7 opinions
- Smith v. Old Warson Development CompanySupreme Court of Missouri · 1972
- Mitchem v. JohnsonOhio Supreme Court · 1966
- Harzfeld's, Inc. v. Otis Elevator Co.District Court, W.D. Missouri · 1953
- Whaley v. Milton Const. & Supply Co.Missouri Court of Appeals · 1951
- Benson v. DorgerOhio Court of Appeals · 1972
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