McMillan & Parker v. Ball & Gunning Milling Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number Two. — Hon. Joseph D. Perltins, Judge. Statement. — This is a suit brought by McMillan & Parker, a copartnership, for the purpose of establishing and enforcing a mechanic’s lien against property owned by defendant, The Ball & Cunning Milling Company, a corporation.
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Appeal from Jasper County Circuit Court, Division Number Two. — Hon. Joseph D. Perltins, Judge. Statement. — This is a suit brought by McMillan & Parker, a copartnership, for the purpose of establishing and enforcing a mechanic’s lien against property owned by defendant, The Ball & Cunning Milling Company, a corporation. The firm of Stone & Watts was also joined as a defendant, which firm was the original contractor in erecting an improvement on the land of The Ball & Cunning Milling Company. The plaintiffs entered into a subcontract set out in the record with the original contractors, Stone…
1Opinion of the Court
OPINION.
FARRINGTON, J.
The appellant complains, first, that the court erred in admitting in evidence the notice of the lien and the lien filed for the reason that both show on their face that they named the owner of the land to be the firm of Ball & Gunning and not the defendant, The Ball & Gunning Milling Company, a corporation; and second, that the statement of the account set out is not a just and true account of the demand claimed as is contemplated by section 8217, Revised Statutes' 1909, and that section 8212, Revised Statutes 1909, requires plaintiffs to comply with the section first…
Also in this document: Concurrence.
2Cases cited19 opinions
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Williams v. PorterSupreme Court of Missouri · 1873
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Henry v. PlittSupreme Court of Missouri · 1884
- Sawyer & Austin Lumber Co. v. ClarkSupreme Court of Missouri · 1903
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3Cited by7 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- George F. Robertson Plastering Co. v. AltmanSupreme Court of Missouri · 1968
- McCarthy Lumber & Construction Co. v. KinderMissouri Court of Appeals · 1920
- Springfield Planing Mill, Lumber & Construction Co. v. KrebsMissouri Court of Appeals · 1917
- McMillan v. Ball & Gunning Milling Co.Supreme Court of Missouri · 1918
2 more not listed; retrieve them via the Exa API.