R. J. Schwab & Sons Co. v. Frieze
Missouri Court of Appeals
’Appeal from Buchanan Circuit Court. — Horn. Henry M. Ramey, Judge. (1) Plaintiff’s indebtedness accrued under the statute, November 5, 1902, the date on which the last material was furnished, pursuant to .contract between the owner, Eshelman, and the original contractor, Frieze, and pursuant to the contract between plaintiff and Frieze. Livermore v. Wright, 33 Mo. 31; Iron Works v. M. & S., 80 Mo. 265; Miller v. Whitelaw, 28 Mo.
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’Appeal from Buchanan Circuit Court. — Horn. Henry M. Ramey, Judge. (1) Plaintiff’s indebtedness accrued under the statute, November 5, 1902, the date on which the last material was furnished, pursuant to .contract between the owner, Eshelman, and the original contractor, Frieze, and pursuant to the contract between plaintiff and Frieze. Livermore v. Wright, 33 Mo. 31; Iron Works v. M. & S., 80 Mo. 265; Miller v. Whitelaw, 28 Mo. App. 639; Williams v. Railroad, 153 Mo. 487; Carter v. Foster, 145 Mo. 383; Wetmore v. Crouch, 150 Mo. 671; Phillips on Mechanic’s Lien, sec. 326; Page v. Bettes, 17…
1Opinion of the CourtSmith, P. J.
The defendant Frieze entered into a contract with his codefendant, Eshelman, by which the former was to put a furnace in each of two certain houses owned by the latter. Frieze, on August 22,1902, mailed an order to the plaintiff, a manuafacturer at Milwaukee, Wisconsin, to ship to him two “No. 44 Gilt Edge Furnaces” with casings. The former had, previously to sending this order, written to and received from plaintiff its catalogues showing its price lists and discounts on the productions of its manufacturing establishment. The plaintiff on September 11, 1902, shipped by railway the two…
2Cases cited3 opinions
- Gill v. ReedMissouri Court of Appeals · 1893
- Evans Garden Cultivator Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1896
- Lovelace v. StewartSupreme Court of Missouri · 1856
3Cited by8 opinions
- S & R Builders & Suppliers, Inc. v. MarlerMissouri Court of Appeals · 1980
- Breeding v. MelsonSupreme Court of Delaware · 1927
- Voightman & Co. v. Southern Railway Co.Tennessee Supreme Court · 1910
- Taylor Bros. v. GillSupreme Court of Oklahoma · 1927
- Reorganized School District R-3, Potosi ex rel. Ahrens & McCarron, Inc. v. L. D. Compton Construction Co.Missouri Court of Appeals · 1972
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