Louisiana & Gulf Lumber Co. v. O'Connell
Missouri Court of Appeals
Appeal from Jackson. Circuit Court. — Ron. E. P. Gates, Judge. (1) It is obvious that there can be no lien for material furnished before the owner has made a contract for an improvement. Range Co. v. Jeffers, 79 Mo. App. 177; Mill Co. v. Brundage, 25 Mo. App. 268; Duross v. Broderick, 78 Mo. App. 260; R. S. 1899, sec. 4203; Phillips on Mechanics’ Liens, sec. 44; Coe v. Ritter, 86 Mo. 278; Brick Co. v. Eng. Co., 180 111. 535; Lumber Co. v. Nelson, 71 Mo.
Read the full summary
Appeal from Jackson. Circuit Court. — Ron. E. P. Gates, Judge. (1) It is obvious that there can be no lien for material furnished before the owner has made a contract for an improvement. Range Co. v. Jeffers, 79 Mo. App. 177; Mill Co. v. Brundage, 25 Mo. App. 268; Duross v. Broderick, 78 Mo. App. 260; R. S. 1899, sec. 4203; Phillips on Mechanics’ Liens, sec. 44; Coe v. Ritter, 86 Mo. 278; Brick Co. v. Eng. Co., 180 111. 535; Lumber Co. v. Nelson, 71 Mo. App. 110; Nelson v. Withrow, 14 Mo. App. 270; Poppert & Son v. Wright, 52 Mo. App. 576. A variance, between any claim in the lien and the…
1Opinion of the CourtEllison, J.
Plaintiff furnished material to defendant O’Connell to be used and which was used in the construction of houses for the defendants Myers. This action was brought to obtain a personal judgment against O’Connell and to charge the same against defendants’ property. The trial court found for the plaintiff against O’Connell and for the enforcement of the lien. Defendants Myers appealed.
*675The lien is objected to on the ground that it is not a just and true account as required by the statute. The facts are that O’Connell purchased at one time (March 31, 1899) a bill of lumber for $1,700. Only a small…
2Cases cited2 opinions
- Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.Supreme Court of Missouri · 1899
- Duross v. BroderickMissouri Court of Appeals · 1899
3Cited by4 opinions
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
- Berlin v. PickettMissouri Court of Appeals · 2006
- Trilogy Development Co. v. BB Syndication Services, Inc.United States Bankruptcy Court, W.D. Missouri · 2011
- Hengstenberg v. HoytMissouri Court of Appeals · 1904