D. T. Norton Lumber Co. v. Driving Park Ass'n
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The only question in this caséis, is the plaintiff estopped from claiming a lien by virtue of what Sublette said to Halliwell & Cunningham about the payment by Snider to Sublette; and was instruction for defendants numbered 3, justified by the evidence of Halliwell & Cunningham. And this brings the case down to what declarations, admissions, and statements made by an agent will bind his principal.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The only question in this caséis, is the plaintiff estopped from claiming a lien by virtue of what Sublette said to Halliwell & Cunningham about the payment by Snider to Sublette; and was instruction for defendants numbered 3, justified by the evidence of Halliwell & Cunningham. And this brings the case down to what declarations, admissions, and statements made by an agent will bind his principal. “No man can set up another’s act or conduct as the ground of estoppel, unless he has been misled or deceived thereby.” Bales v.…
1Opinion of the CourtEllison, J.
This action is to enforce a mechanic’s lien for lumber furnished to defendants, Force & Snider, and used by them as contractors in the construction of an amphitheater for the other defendant, the Driving Park Association. The association paid Force & Snider what was due them as contractors. Judgment below was against the plaintiff, as to the mechanics’ lien, and plaintiff appeals.
The association claims, and the evidence sustains the claim, that it refused to pay Force & Snider until the latter had settled their lumber account with the plaintiff. That thereupon Force & Snider said' they would…
2Cited by4 opinions
- Peerless Supply Co. v. Industrial Plumbing & Heating Co.Supreme Court of Missouri · 1970
- Rosenbloom v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1947
- Cote Brilliant Pressed Brick Co. v. SadringMissouri Court of Appeals · 1896
- Moon v. BrownMissouri Court of Appeals · 1913