Kline v. Perry
Missouri Court of Appeals
Appeal from the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) There was no contract- with Lena Perry, and the property upon which the building was erected belonged to her. No mechanics’ lien could be enforced against the lot or building thereon. Marble & Lime Co. v. Bauman, 44 Mo. App. 391; Garnett v. Berry, 3 Mo. App. 197; Collins v. McGraiv, 47 Mo. App. 495; Barker v. Berry, 8 Mo. App. 446; Mill Co. v. Brundage, 25 Mo. App. 268; Hughes v. Anslyn, 7 Mo.
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Appeal from the LaFayette Circuit Court. — Hon. Richard Field, Judge. (1) There was no contract- with Lena Perry, and the property upon which the building was erected belonged to her. No mechanics’ lien could be enforced against the lot or building thereon. Marble & Lime Co. v. Bauman, 44 Mo. App. 391; Garnett v. Berry, 3 Mo. App. 197; Collins v. McGraiv, 47 Mo. App. 495; Barker v. Berry, 8 Mo. App. 446; Mill Co. v. Brundage, 25 Mo. App. 268; Hughes v. Anslyn, 7 Mo. App. 400; Meyer v. Broadxoell, 83 Mo. 571. (2) There is no question of leasehold involved, and no contract with the owner nor…
1Opinion of the CourtGill, J.
Lena Perry, the wife and codefendant of Frank Perry, had title by ordinary conveyance of a certain tract of land in Bates City, LaFayette county. Her husband, Frank Perry, employed the plaintiffs TCI in p. to construct for him a small store building on said lot. For the work thus done defendant, Frank Perry, failed to pay, and this action was brought to enforce a mechanics’ lien against the land and the building.
At the close of plaintiffs’ evidence the court sustained a demurrer in so far as the claim for a mechanics’ lien against the land of the wife was concerned, and the cause proceeded…
2Cases cited10 opinions
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- McAdow v. SturtevantMissouri Court of Appeals · 1890
- Crandall v. CooperSupreme Court of Missouri · 1876
- Ambrose Manufacturing Co. v. GapenMissouri Court of Appeals · 1886
- Garnett v. BerryMissouri Court of Appeals · 1876
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3Cited by5 opinions
- Fathman & Miller Planing Mill Co. v. ChristophelMissouri Court of Appeals · 1894
- Chicago Lumber Co. v. MahanMissouri Court of Appeals · 1893
- Farley v. StroehMissouri Court of Appeals · 1896
- Duross v. BroderickMissouri Court of Appeals · 1899
- Alexander v. PerkinsMissouri Court of Appeals · 1897