Price v. Merritt
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) There is a mingling together of items lienable with those non-lienable so that they cannot be separated upon an inspection of the account. Neither does the account show an itemized statement of credits or payments. Guass v. Hussmann, 22 Mo. App. 118; Foster v. Wolfing, 20 Mo. App. 89; Nelson v. Withrow, 14 Mo. App. 279; Riley v. Milling Co., 44 Mo. App. 525; Smith v. Haley, 41 Mo.
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Appeal from the Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) There is a mingling together of items lienable with those non-lienable so that they cannot be separated upon an inspection of the account. Neither does the account show an itemized statement of credits or payments. Guass v. Hussmann, 22 Mo. App. 118; Foster v. Wolfing, 20 Mo. App. 89; Nelson v. Withrow, 14 Mo. App. 279; Riley v. Milling Co., 44 Mo. App. 525; Smith v. Haley, 41 Mo. App. 620; Rude v. Mitchell, 97 Mo. 373; Grace v. Nesbit, 109 Mo. 17; Curless v. Lewis, 46 Mo. App. 280. (2) The contract for furnishing materials was…
1Opinion of the CourtEllison, J.
This action was brought to enforce a mechanics’ lien. The trial was before the court without a jury. Judgment was entered for plaintiff, and one of the defendants appeals.
There was an objection taken to the sufficiency of the petition in that, as stated, it failed to show that ‘ ‘these defendants were original contractors, or whether plaintiff was charged as an original contractor or subcontractor.” This objection is not borne out by the allegations of the petition. So of the lien paper we will say, in answer to the objection'to its introduction, that it was properly admitted in testimony.…
2Cases cited9 opinions
- Capron v. StroutNevada Supreme Court · 1876
- Allen v. SalesSupreme Court of Missouri · 1874
- Poulson v. CollierMissouri Court of Appeals · 1885
- O'Leary v. RoeMissouri Court of Appeals · 1891
- Beck v. HaasSupreme Court of Missouri · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Title Insurance Corp. of St. Louis v. United StatesMissouri Court of Appeals · 1968
- Philip Gruner & Bros. Lumber v. JonesMissouri Court of Appeals · 1897
- Tual v. MartinMissouri Court of Appeals · 1933
- Landreth Machinery Co. v. RoneyMissouri Court of Appeals · 1915
- Short v. WhiteMissouri Court of Appeals · 1939
6 more not listed; retrieve them via the Exa API.