Cote Brilliant Pressed Brick Co. v. Sadring
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. The principle governing this case is that, when one of two innocent parties must suffer by a third, he who has enabled such third party to occasion such loss ought to sustain it. Bice v. Qroffman, 56 Mo. 434; Savings Association v. Kehlor, 7 Mo. App. 158; Carroll v. Bailroad, 14 Id. 490; Crews v. Qarneau, Id. 505; Banlc-v. Frame, 112 Mo. 502; Lumber Co. v. Parh Ass’n, 64 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. The principle governing this case is that, when one of two innocent parties must suffer by a third, he who has enabled such third party to occasion such loss ought to sustain it. Bice v. Qroffman, 56 Mo. 434; Savings Association v. Kehlor, 7 Mo. App. 158; Carroll v. Bailroad, 14 Id. 490; Crews v. Qarneau, Id. 505; Banlc-v. Frame, 112 Mo. 502; Lumber Co. v. Parh Ass’n, 64 Mo. App. 377. By giving the receipt in question, plaintiff did not waive its lien, as the receipt does not in any way purport to release the lien, nor…
1Opinion of the CourtRombauer, P. J.
This is a suit by a material-man to charge the defendant Sadring’s property with a mechanic’s lien for brick sold .and delivered to one Lindgreen, the contractor for the erection of the building. The plaintiff claims a balance of $330, and the accuracy of the lien account is not disputed. The answer of the defendant owners sets up the following facts'by way of equitable estoppel. After the account accrued Lindgreen procured a receipt showing payment in full for the bricks sold; he thereupon exhibited this receipt to the defendant owners, for the purpose of obtaining payment from them of the…
2Cases cited4 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- Rice v. GroffmannSupreme Court of Missouri · 1874
- Hinchley v. GreanyMassachusetts Supreme Judicial Court · 1875
- D. T. Norton Lumber Co. v. Driving Park Ass'nMissouri Court of Appeals · 1896
3Cited by4 opinions
- Peerless Supply Co. v. Industrial Plumbing & Heating Co.Supreme Court of Missouri · 1970
- Stewart Lumber Co. v. Unique Home Builders, Inc.Washington Supreme Court · 1931
- West v. PinkstonUtah Supreme Court · 1914
- Moon v. BrownMissouri Court of Appeals · 1913