Brown v. Wright
Missouri Court of Appeals
Appeal from the Greene County Circuit Court, W. F. Geiger, Judge. The property upon which the improvements were made is not described. MeQuinness v. Boyle, 128 Mass. 570; Stevens v. Lincoln, 114 Mass. 476; Foster v. Cox, 123 Mass. 45 ; Lemly v. Iron & Steel Co., 65 Mo. 546. It was error to include in the decree property which was no part of the curtilage.
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Appeal from the Greene County Circuit Court, W. F. Geiger, Judge. The property upon which the improvements were made is not described. MeQuinness v. Boyle, 128 Mass. 570; Stevens v. Lincoln, 114 Mass. 476; Foster v. Cox, 123 Mass. 45 ; Lemly v. Iron & Steel Co., 65 Mo. 546. It was error to include in the decree property which was no part of the curtilage. Chouteau v. Thompson, 2 Ohio St. 114 ; Banlces v. Cartes, 18 Conn. 348. The plaintiffs would be entitled to a lien for that which was contemplated by the contract, but for nothing more, had the building been constructed in pursuance of its…
1Opinion of the CourtRombaher, J.
The plaintiffs are lumber dealers, who contracted with the defendant, Wright, to furnish certain lumber to be used in the construction Of a hotel building to be *56erected by the defendant, the Ozark Hotel' Company. All of the lumber thus furnished was used by Wright in the construction of the hotel building, and a balance of $716.30 remaining unpaid to the plaintiffs, they filed a lien on the hotel and lots whereon the same is erected, having first given the statutory notice of their intention to do so to the defendant, the "Ozark Hotel Company.
The plaintiffs thereupon brought this suit against…
2Cases cited8 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- McCoy v. QuickWisconsin Supreme Court · 1872
- Strawn v. CogswellIllinois Supreme Court · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- R. D. Kurtz, Inc. v. FieldMissouri Court of Appeals · 1929
- P. M. Bruner Granitoid Co. v. KleinMissouri Court of Appeals · 1903
- Davis v. ShaferU.S. Circuit Court for the District of Western Missouri · 1892
- Nelle Plumbing Company v. StefanicMissouri Court of Appeals · 1970
- Steininger v. RaemanMissouri Court of Appeals · 1888
3 more not listed; retrieve them via the Exa API.