Bulger v. Robertson
Missouri Court of Appeals
Appeal from the JacJcson Circuit Court. — Hon. James G-ibson, Judge, • (1) Tbe improvements on bouses were not ■“erected under one general contract,’; so as to entitle plaintiff to file one lien on all the houses and lots, under section 6729, of the Revised Statutes. There was a distinct contract to do the work on each house for $170. The language of the section is too plain to be mistaken, and that interpretation must be adopted which the words themselves import.
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Appeal from the JacJcson Circuit Court. — Hon. James G-ibson, Judge, • (1) Tbe improvements on bouses were not ■“erected under one general contract,’; so as to entitle plaintiff to file one lien on all the houses and lots, under section 6729, of the Revised Statutes. There was a distinct contract to do the work on each house for $170. The language of the section is too plain to be mistaken, and that interpretation must be adopted which the words themselves import. State v. Diveling, 66 Mo. 379; Potter’s Dwarris, 143-200; Fitzgerald v. Thomas, 61 Mo. 499-512; Miller v. Hoffman, 26 Mo. App.…
1Opinion of the CourtDill, J.
— Defendants owned a number of fifty-foot lots in Westport, and conceived tbe idea of constructing thereon some two-story brick bouses — each bouse to occupy a frontage of twenty-five feet, so tbat there would then be on each lot two bouses. It seems to have been tbe original intention to construct twenty-nine of these bouses, and work was begun witb tbat in view.
Plaintiff entered into an agreement witb defendants to furnish tbe materials and do all tbe work necessary for roofing tbe several bouses. He1 was to complete tbe roofing — putting on all tbe slate and tin work — and was to receive…
2Cases cited1 opinion
- Fitzgerald v. ThomasSupreme Court of Missouri · 1876
3Cited by5 opinions
- Walden v. RobertsonSupreme Court of Missouri · 1894
- Griffin v. Denison Land Co.North Dakota Supreme Court · 1908
- National Plumbing Supply Co. v. TorrettiMissouri Court of Appeals · 1943
- United Lumber Co. v. Minmar Investment Co.Missouri Court of Appeals · 1971
- Ulmer v. Portage Construction & Finance Co.Summit County Court of Common Pleas · 1923