Cole v. Barron
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The verdict must find all the issues ; it must find either for or against all the defendants, or the judgment predicated upon it will be arrested. Nor will such a defect be helped out by intendment.— Jewett v. Davis, 6 N. H. 521; Stearns v. Barrett, 1 Mason, 170 ; Schweiclchardt v. St. Louis, 2 Mo. App. 571. There must be an allegation of a contract with the owner. — Peck v. Bridwell, 6 Mo.
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Appeal from the St. Louis Circuit Court. The verdict must find all the issues ; it must find either for or against all the defendants, or the judgment predicated upon it will be arrested. Nor will such a defect be helped out by intendment.— Jewett v. Davis, 6 N. H. 521; Stearns v. Barrett, 1 Mason, 170 ; Schweiclchardt v. St. Louis, 2 Mo. App. 571. There must be an allegation of a contract with the owner. — Peck v. Bridwell, 6 Mo. App. 451. The omission of the year in the account was fatal to the lien.— 3 Phila. 110; Witeman v.. Walker, 9 Watts & S. 185. To warrant a lien for additional work,…
1Opinion of the CourtBakewell, J.
This was an action by the subcontractor against contractor and owner, to establish a mechanic’s lien. There was a verdict and judgment for plaintiffs.
Defendants moved in arrest of judgment, on the ground that the petition does not set forth facts sufficient to constitute a cause of action, and also that the' verdict does not find all the issues.
1. The petition alleges that “plaintiffs are, and at the times hereinafter named were, partners in business under the firm-name of Cole & Glass ; that at said times Herman Konert was the owner of the lot and building hereinafter described, and Samuel…
2Cases cited6 opinions
- Schweickhardt v. City of St. LouisMissouri Court of Appeals · 1876
- Rehrer v. ZeiglerSupreme Court of Pennsylvania · 1842
- Schulenburg v. VroomanMissouri Court of Appeals · 1879
- Scott v. CookMissouri Court of Appeals · 1879
- Peck v. BridwellMissouri Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
- Ladue Contracting Co. v. Land Development Co.Missouri Court of Appeals · 1960
- Hayden v. WulfingMissouri Court of Appeals · 1885
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1905
- Badger Lumber Co. v. W. F. Lyons Ice & Power Co.Missouri Court of Appeals · 1913
6 more not listed; retrieve them via the Exa API.