Legal Opinion

Short v. Stephens

Missouri Court of Appeals

Decided February 10, 1902PublishedCited by 5 opinions

Appeal from Jasper Circuit Court. — lion. J. D. Perkins, Judge. (1) No lien attached to the lot and the house erected thereon for the reason that the materials were furnished to one who was not the owner, and who had no legal or equitable interest in the lot. R. S. 1899, sec. 4203; Eischer v. Ansyln, 30 Mo. App. 316; Planing Mill Co. v. Ohristophel, 60 Mo.

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Appeal from Jasper Circuit Court. — lion. J. D. Perkins, Judge. (1) No lien attached to the lot and the house erected thereon for the reason that the materials were furnished to one who was not the owner, and who had no legal or equitable interest in the lot. R. S. 1899, sec. 4203; Eischer v. Ansyln, 30 Mo. App. 316; Planing Mill Co. v. Ohristophel, 60 Mo. App. 106; Squires v. Eithian’s Adm’r, 21 Mo. 134. (2) There could not, under the circumstances of this case, be a lien, even against the building separate from the ^realty. Squires v. Eithian’s Adm’r, 27 Mo. 134; Planing Mill Co. v.…

1Opinion of the CourtSmith, P. J.

Action to enforce a mechanics’ lien. The facts of this case, and about which there is no dispute, are, Williams and Workizer, owning a lot in one of the additions to the city of Joplin which they desired to sell, placed the same in the hands of one Staples, a real estate agent, with instructions to find them a purchaser for said lot willing to pay the price therefor — a specified price. Staples thereupon entered into a written contract with the defendant Stephens whereby, as such agent, he sold the lot to Stephens for the specified price by Williams and Workizer, Stephens paying part of the…

2Cases cited2 opinions

  1. Rollin v. . CrossNew York Court of Appeals · 1871
  2. Brown v. JonesSupreme Court of Minnesota · 1893

3Cited by5 opinions

  1. Judd v. WalkerSupreme Court of Missouri · 1908
  2. Judd v. WalkerMissouri Court of Appeals · 1905
  3. Westport Lumber Co. v. HarrisMissouri Court of Appeals · 1908
  4. Lee & Boutell Co. v. C. A. Brockett Cement Co.Supreme Court of Missouri · 1937
  5. Ross-Lyvers Co. v. RutherfordMissouri Court of Appeals · 1935

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