Crane Co. v. Epworth Hotel Construction & Real Estate Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — No». J. W. McElhinney, Judge. (1) The apparatus sold to the hotel company do not entitle the plaintiff to a mechanic’s lien; (1) because there is no such attachment to the freehold as makes them fixtures; (2) because there is no evidence of intention that they should become permanently attached to the freehold. Rogers v. Crow, 40 Mo. 91; Electric Co. v. Gottlieb, 112 Mo.
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Appeal from St. Louis County Circuit Court. — No». J. W. McElhinney, Judge. (1) The apparatus sold to the hotel company do not entitle the plaintiff to a mechanic’s lien; (1) because there is no such attachment to the freehold as makes them fixtures; (2) because there is no evidence of intention that they should become permanently attached to the freehold. Rogers v. Crow, 40 Mo. 91; Electric Co. v. Gottlieb, 112 Mo. App. 226; Graves v. Pierce, 58 Mo. 423; Richardson v. Koch, 81 Mo. 264; Marshall v. The Bank, 76 Mo. App. 92; Sosman v. Coni on, 56 Mo. App. 25; Baldwin v. Merrick, 1 Mo. App.…
1Opinion of the CourtBland, P. J.
The Epworth Hotel was erected on a parcel of ground three hundred by two hundred feet, in the county of St. Louis, near the western boundary line of the city of St. Louis. Standpipes to contain wa*213ter under pressure were run up through the floors and roof of the building. Respondent, a corporation, sold defendant Epworth Hotel Construction & Real Estate Co., also a corporation, certain fire apparatus aggregating seven hundred and seventy-five dollars, and eighty-five cents, of which defendant paid three hundred dollars, failing to pay the balance; respondent, within four months from the date…
2Cases cited29 opinions
- Forbes v. HydeCalifornia Supreme Court · 1866
- De Witt v. SmithSupreme Court of Missouri · 1876
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Rogers v. CrowSupreme Court of Missouri · 1867
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3Cited by20 opinions
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Sears, Roebuck & Co. v. Seven Palms Motor Inn, Inc.Supreme Court of Missouri · 1975
- David Mouser Donald Green v. Caterpillar, Inc., a Delaware CorporationCourt of Appeals for the Eighth Circuit · 2003
- Lyons v. HowardNew Mexico Supreme Court · 1911
- Joplin Supply Co. v. WestMissouri Court of Appeals · 1910
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