Sawyer-Austin Lumber Co. v. Clark
Missouri Court of Appeals
Appeal from tbe St. Louis City Circuit Court. — Hon. William Z-achritz, Judge. (1) The materials furnished by the appellant to the de- , fendant, Clark, were not furnished under a contract with the owner of the land upon which the building was erected, nor with a lessee or mortgagor and therefore the appellant was not entitled to a lien on the building, separately from the land.. Planing Mill Oo. v. Christophel, 60 Mo. App. 106; State to ulse Lumber Co. v. Hailey, 71 Mo.
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Appeal from tbe St. Louis City Circuit Court. — Hon. William Z-achritz, Judge. (1) The materials furnished by the appellant to the de- , fendant, Clark, were not furnished under a contract with the owner of the land upon which the building was erected, nor with a lessee or mortgagor and therefore the appellant was not entitled to a lien on the building, separately from the land.. Planing Mill Oo. v. Christophel, 60 Mo. App. 106; State to ulse Lumber Co. v. Hailey, 71 Mo. App. 200. (2) The description of the land, both in the lien account and in the petition, is fatally defective; that in the…
1Opinion of the CourtBond, J.
On the eighteenth of Eebruary, 1898, S. J. Eisher contracted to sell to C. M. Clark a lot on the north side of Evans avenue in this city withafrontage of 26 feet and 9 1-2 inches and a depth of 165 feet. The lot was made up of 25 feet of the eastern portion of lot 19 and 1 foot 9 1-2 inches of the western portion of lot 18 of city block 3732. Eifty dollars cash was paid on account of said purchase, and the balance of the purchase money was agreed to be paid forty dáys thereafter. There was evidence tending to show that the purchaser was allowed sixty days additional time to make this deferred…
2Cases cited9 opinions
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Williams v. PorterSupreme Court of Missouri · 1873
- Ranson v. SheehanSupreme Court of Missouri · 1883
- Crandall v. CooperSupreme Court of Missouri · 1876
- Reilly v. HudsonSupreme Court of Missouri · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Powers & Boyd Cornice & Roofing Co. v. MuirMissouri Court of Appeals · 1909
- Toner v. WhybrewIndiana Court of Appeals · 1912
- Westport Lumber Co. v. HarrisMissouri Court of Appeals · 1908
- Jones Lumber Co. v. SnyderMissouri Court of Appeals · 1927
- Ford v. DixonMissouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.