Lowis v. Cutter
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The subcontractor who asserts a lien-claim will be required, at the institution of his claim, to furnish every facility for investigating. — Russell v. Bell, 44 Pa. St. 47 ; McWilliams v. Allan, 45 Mo. 573 ; Graves v. Pierce, 53 Mo. 423; Lee v. Burlce, 66 Pa. St. 336. The account must show the items. — Atkins v. Settle, 17 Minn. 353. Variance. — Van Court v. Bushnell, 21 111. 624; Stein v. Shultz, 23 111. 649.
1Opinion of the CourtHayden, J.
This is a suit brought by a subcontractor to enforce a mechanic’s lien against Hawley, who is the owner and appellant, and against Cutter, the contractor. The question turns upon the sufficiency of the account. No account was tiled with the original petition; and objection being made to it, the respondent filed a paper containing a proposal addressed by himself to Cutter, as follows: “We propose to paint, grain, glaze, and varnish the house of Dr. Hawley’s, according to plans and specifications (excluding stable, and filling and rubbing black-walnut), for the sum of three hundred and…
2Cases cited1 opinion
- McWilliams v. AllanSupreme Court of Missouri · 1870
3Cited by6 opinions
- Nelson v. WithrowMissouri Court of Appeals · 1883
- Foster v. WulfingMissouri Court of Appeals · 1885
- Kling v. Railway Construction Co.Missouri Court of Appeals · 1879
- Great Southern Fireproof Hotel Co. v. JonesCourt of Appeals for the Sixth Circuit · 1902
- Springfield Planing Mill, Lumber & Construction Co. v. KrebsMissouri Court of Appeals · 1917
1 more not listed; retrieve them via the Exa API.