Miller v. Municipal Electric Lighting & Power Co.
Supreme Court of Missouri
Appeal from St. Louis-City Circuit Court. — Hon. Jacob Klein, Judge. (1) The court erred in its construction of the contract sued upon. Ayers v. Hays, 13 Mo. 252; Boxley v. Stevens, 31 Mo. 201; Miller v. Wagenhauser, 18 Mo.
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Appeal from St. Louis-City Circuit Court. — Hon. Jacob Klein, Judge. (1) The court erred in its construction of the contract sued upon. Ayers v. Hays, 13 Mo. 252; Boxley v. Stevens, 31 Mo. 201; Miller v. Wagenhauser, 18 Mo. App. 11; Hadden v. Collector, etc., 5 Wall. 107; Johnson v. Wood, 84 Mo. 508. (2) The court erred in excluding testimony as to the facts surrounding the execution of the contract, the situation and circumstances of the parties, their knowledge of certain facts bearing upon the terms of the contract and their general object in making the contract, as well as the acts of the…
1Opinion of the CourtBrace, P. J.
This is an aetion to recover the sum -of $115,392.22 alleged to be due plaintiff as trustee of the Rohan Brothers Boiler Manufacturing Company, for the erection and construction by the said boiler company of nineteen boilers on the premises of the ■defendant in the city of St. Louis and to enforce a mechanic’s lien upon said premises for said sum.
The petition alleges that the boilers so erected had a capacity of eleven thousand, four hundred horse power, admits the receipt of $115,508.41, and asks judgment for the amount first aforesaid, as balance due for the horse power alleged to have been…
2Cases cited1 opinion
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
3Cited by11 opinions
- Lower v. HickmanSupreme Court of Arkansas · 1906
- William H. Waters, Inc. v. MarchAppellate Division of the Supreme Court of the State of New York · 1934
- Hunleth v. LeahySupreme Court of Missouri · 1898
- Nugent v. Armour Packing Co.Supreme Court of Missouri · 1907
- Granette Products Co. v. Arthur H. Neumann & Co.Supreme Court of Iowa · 1925
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