Deardorff v. Roy
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The account filed with the lien is not defective because the price of each item is not carried out. Miller v. Whitelaw, 28 Mo. App. 639; School Dist. v. Howell, 44 Kan. 285. (2) There was an agreement between plaintiff and defendant Roy, entered into about November 28, 1888, that defendant Roy would buy of plaintiff the lumber needed by him in the construction of the improvements on both lots.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The account filed with the lien is not defective because the price of each item is not carried out. Miller v. Whitelaw, 28 Mo. App. 639; School Dist. v. Howell, 44 Kan. 285. (2) There was an agreement between plaintiff and defendant Roy, entered into about November 28, 1888, that defendant Roy would buy of plaintiff the lumber needed by him in the construction of the improvements on both lots. The fact that certain of the lumber furnished under this agreement was ordered and delivered without any agreement as to price,…
1Opinion of the CourtEllisok, J.
— Defendant, being a carpenter and builder, was the owner of two contiguous lots and determined to erect a separate house on each lot. He built them himself, though he contracted and purchased the material of others. He purchased of this plaintiff, under one general contract, the lumber for both the houses. Failing to pay therefor, plaintiff duly filed a mechanic’s lien in proper form, and, within the time limited, brought this action to enforce the same. At the close of the *73evidence for plaintiff, the court directed a verdict for defendant.
There are but two questions necessary to notice:…
2Cases cited3 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Fitzgerald v. ThomasSupreme Court of Missouri · 1876
- Miller v. HoffmanMissouri Court of Appeals · 1887
3Cited by7 opinions
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Walden v. RobertsonSupreme Court of Missouri · 1894
- Buerger Investment Co. v. B. F. Salzer Lumber Co.Supreme Court of Colorado · 1925
- Sosman v. ConlonMissouri Court of Appeals · 1894
- National Plumbing Supply Co. v. TorrettiMissouri Court of Appeals · 1943
2 more not listed; retrieve them via the Exa API.