Christopher & Simpson Architectural Iron & Foundry Co. v. Kelly
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. 8olden P. Spencer, Judge. (1) The two leasehold estates became merged in a single estate in Ohio Building Company, as lessee, and the contract between it and contractor Kelly was one indivisible contract, as was also the contract between Kelly and respondent, and all tbe parties treated and executed the contract upon that understanding; respondent opened one account with contractor Kelly for all the ironwork furnished under…
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Appeal from St. Louis City Circuit Court. — Hon. 8olden P. Spencer, Judge. (1) The two leasehold estates became merged in a single estate in Ohio Building Company, as lessee, and the contract between it and contractor Kelly was one indivisible contract, as was also the contract between Kelly and respondent, and all tbe parties treated and executed the contract upon that understanding; respondent opened one account with contractor Kelly for all the ironwork furnished under the contract, and credited the account which covered the two premises with the two payments and receipted accordingly, and…
1Opinion of the CourtGoode, J.
— This action originated before a justice of the peace and was brought to enforce a lien against a certain lot and the improvement thereon, in the city of St. Louis.
William M. McPheeters, trustee, owned a lot twenty-eight feet and eight inches wide at the southwest comer of Tenth and Olive streets, on which stood formerly a two-story brick residence. Edward F. Wickham, trustee, owned twenty-five feet of ground on Olive street west of and contiguous to the McPheeters lot, on which there was a similar residence. These residences had their own separate east and west walls *96which abutted. On the…
2Cases cited22 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- Rogers v. WolfeSupreme Court of Missouri · 1890
- Philip Gruner & Bros. Lumber v. JonesMissouri Court of Appeals · 1897
17 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- R. D. Kurtz, Inc. v. FieldMissouri Court of Appeals · 1929
- Putthoff v. WalkerMissouri Court of Appeals · 1923
- Arrington v. McCluerSupreme Court of Missouri · 1930
- Baumhoff v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1907
- Wollman v. LoewenMissouri Court of Appeals · 1904
3 more not listed; retrieve them via the Exa API.