Bambrick v. Webster Groves Presbyterian Church Ass'n
Missouri Court of Appeals
Appeal from, the St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) The court, byrefusing appellant’s declarations of law, held and proceeded on the theory, that Straub’s estate after Ms death could and did order and accept materials from respondent under the agreement between respondent and Straub, and that appellants were bound by the classifications of Mr. Joyce as to the kind of stone used in the body of the church.
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Appeal from, the St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) The court, byrefusing appellant’s declarations of law, held and proceeded on the theory, that Straub’s estate after Ms death could and did order and accept materials from respondent under the agreement between respondent and Straub, and that appellants were bound by the classifications of Mr. Joyce as to the kind of stone used in the body of the church. The executrix procured no order of the probate court authorizing her as the representative of the estate to complete Straub’s contract, and the court, therefore,…
1Opinion of the CourtBond, J.
— This action was brought by a material-man against the executrix of Christ Straub and her -co-defendant, the church association, to recover a judgment against said executrix for the reasonable value of material furnished for the erection of a church building, belonging to her co-defendant, under a -contract between it and her testator, and to have said judgment declared a lien upon said building and the lot of ground on which it was constructed.
The separate answers of defendants were general denials, except that it was admitted by the executrix *228that hex’ testator died on May 28, 1891, and…
2Cases cited9 opinions
- Rude v. MitchellSupreme Court of Missouri · 1888
- Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
- Stagg v. GreenSupreme Court of Missouri · 1871
- Kearney v. WurdemanMissouri Court of Appeals · 1889
- Wilson ex rel. Grove v. WilsonSupreme Court of Missouri · 1873
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3Cited by9 opinions
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- In Re the Estate of BurkeCalifornia Supreme Court · 1926
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Shea v. GravesOregon Supreme Court · 1933
- Fruin-Bambrick Construction Co. v. JonesMissouri Court of Appeals · 1894
4 more not listed; retrieve them via the Exa API.