Davis v. Maysville Creamery Ass'n
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The court erred in permitting the plaintiffs to introduce in evidence the contract for the building of the butter and cheese factory in proof. In their petition the plaintiffs allege that they agreed with all the defendants, except the Maysville Creamery Association, to erect for them a combined butter and cheese factory, etc.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The court erred in permitting the plaintiffs to introduce in evidence the contract for the building of the butter and cheese factory in proof. In their petition the plaintiffs allege that they agreed with all the defendants, except the Maysville Creamery Association, to erect for them a combined butter and cheese factory, etc. In the contract read in evidence the defendants agreed “to pay the amount opposite our respective names,” and even if. the contract had not contained the above words, it was a several contract, and…
1Opinion of the CourtSmith, P. J.
Action on mechanics’ lien. The contract under which it is alleged in the petition the work and labor were performed, and materials furnish*479ed, is essentially the same as that set forth in extenso in Davis & Rankin v. Hendrix, 59 Mo. App. 444. By a reference to the provisions of the contract there to be found, a full understanding may be had of the questions which we shall presently consider. The very imperfect and. unsatisfactory abstract of the record presented to us by the defendant, the Maysville Creamery Association, a corporation, does not disclose whether the other defendants made answer…
2Cases cited4 opinions
- Davis v. BelfordMichigan Supreme Court · 1888
- Frost v. WilliamsSouth Dakota Supreme Court · 1892
- Glasner v. WeisbergMissouri Court of Appeals · 1891
- Davis & Rankin v. HendrixMissouri Court of Appeals · 1894
3Cited by2 opinions
- Van Noy v. Central Union Fire InsuranceMissouri Court of Appeals · 1913
- Weir Furnace Co. v. BodwellMissouri Court of Appeals · 1898