Henry v. Plitt
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. M. Black, Judge. (1) The notice was incompetent to sustain the lien claimed in the petition.
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Appeal from Jackson Circuit Court. — Hon. E. M. Black, Judge. (1) The notice was incompetent to sustain the lien claimed in the petition. Phillips on Mechanic’s Liens, secs. 341, 349 ; R. S., 1879, sec. 3190; Lutz v. My., 3 Abb. p. 475; Schulenburg v. Bascom, 38 Mo. 188; Gogin v. Walsh, 124 Mass. 516. (2) The lien filed in the circuit clerk’s office was improperly admitted in evidence, because it did not contain a just and true account of plaintiff’s demand as required by the statute. An account means an itemized statement showing the kind, character and amount of the materials furnished. An…
1Opinion of the Court
Martin, C.
This is an action by the plaintiffs, as materialmen, against defendants, Southerland and Jackson, as contractors, and defendants, A. M. Plitt and Lewis Plitt, as owners of certain realty, to recover judgment against the contractors, and to enforce a mechanic’s lien against the property. The petition states the facts which give a lien under the law. The facts were put in issue by the answer, and upon a trial by jury, the plaintiffs recovered judgment against the contractors in the full amount of their demand, $795.25, with interest, and a special judgment against the property…
2Cited by25 opinions
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Ladue Contracting Co. v. Land Development Co.Missouri Court of Appeals · 1960
- Palm Beach Bank & Trust Co. v. LainhartSupreme Court of Florida · 1922
- Jordan v. Natrona Lumber Co.Wyoming Supreme Court · 1938
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