Hill v. Chowning, Scott & Co.
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. A. D. Bumes,. Judge. (1) The action for the enforcement of a mechanic’s lien was to enforce a different demand and upon another form, of relief; therefore, it is not a bar to this action. Wells on Res Adjudicata and Stare Decisis, sec. 282; 1 Herman on' Estoppel and Res Adjudicata, p. 299; State ex rel. v. James, 82 Mo. 509; Winham v. Kline, 11 Mo. App. 47; Baker v. Lane, 137 Mo. 682; 21 Am. and Eng.
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Appeal from Clinton Circuit Court. — Hon. A. D. Bumes,. Judge. (1) The action for the enforcement of a mechanic’s lien was to enforce a different demand and upon another form, of relief; therefore, it is not a bar to this action. Wells on Res Adjudicata and Stare Decisis, sec. 282; 1 Herman on' Estoppel and Res Adjudicata, p. 299; State ex rel. v. James, 82 Mo. 509; Winham v. Kline, 11 Mo. App. 47; Baker v. Lane, 137 Mo. 682; 21 Am. and Eng. Ency. of Law, p. 227. Davis v. Barber, 51 Eed. 148. (2) While there are no decisions in Missouri sustaining plaintiffs’ right to the enforcement of a…
1Opinion of the CourtBroaddus, J.
On the twenty-second day of December, 1897, the plaintiff and one E. J. MacNish as partners agreed with a number of persons at Lathrop, Missouri, for a consideration of $3,150, to erect for them a creamery at said place. The contract was in writing, to which are subscribed the names of the persons who were interested in the said creamery. By the terms of the contract each subscriber bound himself for only so much of the price to be paid to the plaintiff as was set opposite his name, the contract in that respect being several. The defendants herein bound themselves to pay the sum of one…
2Cases cited8 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Funk v. FunkMissouri Court of Appeals · 1889
- Steiglider v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Laine v. FrancisMissouri Court of Appeals · 1884
- West v. MoserMissouri Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- True v. Hi-Plains Elevator MacHinery, Inc.Wyoming Supreme Court · 1978
- Dill v. Poindexter Tile CompanyMissouri Court of Appeals · 1970
- Cork Plumbing Co. v. Martin Bloom Associates, Inc.Missouri Court of Appeals · 1978
- Mid-West Engineering & Construction Co. v. CampagnaSupreme Court of Missouri · 1967
- Friedman Keller & Co. v. OlsonMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.