Hengstenberg v. Hoyt
Missouri Court of Appeals
Appeal from Maries Circuit Court. — Hon. John W. McElhinney, Judge. (1) The evidence fails to disclose any contract between plaintiffs and defendant for the construction of the building into which it is claimed the material went, and the case must therefore be reversed on the following authorities: Hause v. Thompson, 36 Mo. 450; Hause v. Carroll, 37 Mo. 578; Barker v. Berry, 8 Mo. App. 446; Mill Co. v. Brundage, 25-Mo. App. 268; Davis v. Creamery, 63 Mo.
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Appeal from Maries Circuit Court. — Hon. John W. McElhinney, Judge. (1) The evidence fails to disclose any contract between plaintiffs and defendant for the construction of the building into which it is claimed the material went, and the case must therefore be reversed on the following authorities: Hause v. Thompson, 36 Mo. 450; Hause v. Carroll, 37 Mo. 578; Barker v. Berry, 8 Mo. App. 446; Mill Co. v. Brundage, 25-Mo. App. 268; Davis v. Creamery, 63 Mo. App. 477; McDow v. Sturvant, 41 Mo. App. 220; Duross v. Broderick, 78 Mo. App. 260; Lumber Co. v. Steps, 157 Mo. 366; Richardson v. O…
1Opinion of the CourtSmith, P. J.
This is an action to enforce a mechanic’s lien. The petition alleged, and the answer denied, that plaintiffs furnished the materials specified in their lien account for repairing and plastering a certain hotel building situate upon certain land — describing it — of which the defendant, Mrs. Jones, was the owner under and by virtue of a contract with defendant Hoyt who was the contractor with the defendant, Mrs. Jones, for making said hotel improvement.
The theory of the mechanic’s lien law is founded upon contract. By no other means can one man justly and legally acquire a claim upon the…
2Cases cited4 opinions
- Louisiana & Gulf Lumber Co. v. O'ConnellMissouri Court of Appeals · 1901
- Richardson v. O'ConnellMissouri Court of Appeals · 1901
- Duross v. BroderickMissouri Court of Appeals · 1899
- Front Rank Steel Range Co. v. JeffersMissouri Court of Appeals · 1899
3Cited by2 opinions
- McGuinn v. Federated Mines & Milling Co.Missouri Court of Appeals · 1911
- Midwest Floor Co. v. Miceli Development Co.Missouri Court of Appeals · 2009