Dengler v. Auer
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Plaintiff having received from defendants the sum of $200 after any indebtedness was denied by defendants, and upon a written agreement that this covered all millwork in the building, it was error for the court below to allow a lien of $254 for this work, as as it did by its declarations of law. Plaintiff was estopped from.making such claim.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Plaintiff having received from defendants the sum of $200 after any indebtedness was denied by defendants, and upon a written agreement that this covered all millwork in the building, it was error for the court below to allow a lien of $254 for this work, as as it did by its declarations of law. Plaintiff was estopped from.making such claim. Phillips on Mechanics’ Liens, secs. 272, 273. The transaction amounted to a settlement between the parties, at least of the item of millwork, and must stand as the parties…
1Opinion of the CourtBond, J.
This action was brought for balance due for work and material furnished in the construction of a building belonging to the appellant, and the enforcement of a mechanics’ lien therefor.'
The defense was that the house was built under a written contract for a specific amount; that this contract was subsequently modified, whereby it- was reduced to the sum of $1,626; that the respondent, having broken this contract in various particulars, on August 8, 1892, had an accounting with the appellants .and a settlement of all contested claims between them, whereupon appellants paid the respondent the…
2Cases cited3 opinions
- Shouse v. NeiswaangerMissouri Court of Appeals · 1885
- McConey v. WallaceMissouri Court of Appeals · 1886
- Doyle v. WurdemanMissouri Court of Appeals · 1889