Brockmeier v. Dette
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court did not err in sustaining defendants’ objection to the introduction of the lien in evidence. It is not a just and true account within the meaning of the law, in this: It fails to give the date when last work was done, and it is a lumping charge and does not give the items of work done by the plaintiff. R. S., sec. 6809; Curiess v. Lewis, 46 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court did not err in sustaining defendants’ objection to the introduction of the lien in evidence. It is not a just and true account within the meaning of the law, in this: It fails to give the date when last work was done, and it is a lumping charge and does not give the items of work done by the plaintiff. R. S., sec. 6809; Curiess v. Lewis, 46 Mo. App. 280; Coe v. Ritter, 86 Mo. 288; Rude v. Mitchell, 97 Mo. 365. The evidence shows that plaintiff did work under two different and distinct contracts; one general…
1Opinion of the CourtRombauer, P. J.
The action is one to enforce a mechanic’s lien, and is brought by the subcontractor against the contractor and owners. On the trial of the cause the court ruled out the lien account offered in evidence, and rendered judgment against the con*609tractor, but in favor, of the owners of the property. The plaintiff thereupon filed a motion for new trial, complaining of this ruling, and the court set its judgment aside and awarded a new trial. From that order the defendant owners prosecute this appeal under the provisions of the act of 1891. Laws 1891, p. 70.
The defendant owners now contend that the…
2Cases cited6 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Rude v. MitchellSupreme Court of Missouri · 1888
- McLaughlin v. SchawackerMissouri Court of Appeals · 1888
- State ex rel. Brassfield v. HurtSupreme Court of Missouri · 1892
- Doyle v. WurdemanMissouri Court of Appeals · 1889
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3Cited by3 opinions
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1905
- Atlantic Terra Cotta Co. v. Moore Construction Co.West Virginia Supreme Court · 1914
- Banner Lumber Co. v. LundMissouri Court of Appeals · 1914