Hertel Electric Co. v. Gabriel

STONE, Presiding Judge.

Upon retrial of this action to establish a mechanic’s lien, the circuit court (sitting as a jury) entered judgment for $585.58 against defendant, Fred Gabriel, the original contractor (as directed in our opinion upon a prior appeal reported at Mo.App., 292 S.W.2d 95), but denied a lien on the property of defendant, R. L. Butterworth, “on the ground of lack of legal notice of plaintiff’s intention to file lien.” See Sections 429.100 and 429.110. (All statutory references are to RSMo 1949, V.A.M.S.,) Plaintiff has appealed.

*140 At the outset, we are confronted with the fact…