Pittsburg Plate Glass Co. v. Peper
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. Franklin Ferris, Judge. (1) The variances between the petition and lien, and the lien and notice, and between the petition and notice, are immaterial. Notice must be misleading to invalidate it. Construction Co. v. Jones, 60 Mo. App. 3, et seq. (2) It is sufficient if the lien paper states the names of the contracting parties with whom plaintiff agreed to do the work and furnish the materials.
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Appeal from St. Louis City Circuit Court. — Row. Franklin Ferris, Judge. (1) The variances between the petition and lien, and the lien and notice, and between the petition and notice, are immaterial. Notice must be misleading to invalidate it. Construction Co. v. Jones, 60 Mo. App. 3, et seq. (2) It is sufficient if the lien paper states the names of the contracting parties with whom plaintiff agreed to do the work and furnish the materials. CaMll, Collins & Co., v. Ely, 55 Mo. App. 104-j Boissot Mechanics’ Liens, sec. 561. Under section 4210, Revised Statutes, 1899, “the pleadings, practice,…
1Opinion of the Court
BARCLAY, J
This is an action to enforce a mechanic’s lien. The plaintiff is the. Pittsburg Plate Class Company, a corporation. The defendants are Christian Peper, Josh Lowis, Josh Lowis Painting Company and Henry F. Beinke. The first-named defendant is alleged to be the owner of the land to which the lien is sought to be affixed. The other defendants are charged to be the principal and subcontractors for the erection of a building on Mr. Peper’s land whereto plaintiff’s materials were furnished, in circumstances which plaintiff contends entitle it to a mechanic’s lien. The defendant Mr. Peper…
2Cases cited1 opinion
- Estes v. FrySupreme Court of Missouri · 1901
3Cited by9 opinions
- Padgett v. SmithSupreme Court of Missouri · 1907
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
- Cox v. Frank L. Schaab Stove & Furniture Co.Supreme Court of Missouri · 1933
- Lafayette-South Side Bank & Trust Co. v. SiefertMissouri Court of Appeals · 1929
- Crow v. CrowMissouri Court of Appeals · 1907
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