Rand v. Grubbs
Missouri Court of Appeals
Appeal from the Greene County Circuit Court,. James R. Vaughah, Judge. Wall should not have been compelled to investigate and unravel the-account of Rand with other buildings. Schulenburg v. Robinson, 5 Mo. App. 597 ; Schulenburg v. Yrooman, 7 Mo. App. 133. There was evidence tending to show a sale to Grubbs & Company on their personal credit, and instructions numbered one and two should have been given. Henry v. Rice, 18 Mo.
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Appeal from the Greene County Circuit Court,. James R. Vaughah, Judge. Wall should not have been compelled to investigate and unravel the-account of Rand with other buildings. Schulenburg v. Robinson, 5 Mo. App. 597 ; Schulenburg v. Yrooman, 7 Mo. App. 133. There was evidence tending to show a sale to Grubbs & Company on their personal credit, and instructions numbered one and two should have been given. Henry v. Rice, 18 Mo. App. 497; Livermore v. Wright, 33 Mo. 31; Phillips on Mech. Liens., sects. 122, 123. If an order was given by Rand, in substance, as pleaded by Wall, then it operated as…
1Opinion of the CourtRombattee, J.
This is an action of mechanic’s lien by a material man against the contractors and the owner. Upon a trial of the cause before a jury there was a judgment for the plaintiff against the contractors and the property for two hundred and fifty-six dollars, from which the owner appeals.
The debt and lien was claimed, according to the plaintiff’s petition, on account of the sale and delivery by him of two hundred thousand soft brick at seven dollars per thousand, and seventy-five thousand hard brick, at $7.50 per thousand, which brick, he claimed, entered into the construction of the building. There…
Also in this document: Concurrence.
2Cases cited4 opinions
- Schulenburg v. VroomanMissouri Court of Appeals · 1879
- Ticknor v. VoorhiesSupreme Court of Missouri · 1870
- Young v. WoolfolkSupreme Court of Missouri · 1862
- Schulenburg v. RobisonMissouri Court of Appeals · 1878
3Cited by3 opinions
- Hughes v. LansingOregon Supreme Court · 1898
- Fathman & Miller Planing Mill Co. v. RitterMissouri Court of Appeals · 1889
- P. A. Lord Lumber Co. v. CallahanAppellate Court of Illinois · 1913