Miller v. Whitelaw
Missouri Court of Appeals
Appeal from tlie Cape Girardeau Court of Common Pleas, Hon. Bobert L. Wilson, Judge. The account filed is not such as is required by tlie statute, and ought to have been excluded. Lowis v. Gutter, 6 Mo. App. 54; Kline r. Construction Go., 7 Mo. App. 410; Hayden v. Wuljing, 19 Mo. App. 353 ; Foster v. Wuljing, 20 Mo. App. 85 ; Coe v. Ritter, 76 Mo. 277 ; Me Williams v. Mian, 45 Mo. 573; Phillips on Mech.
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Appeal from tlie Cape Girardeau Court of Common Pleas, Hon. Bobert L. Wilson, Judge. The account filed is not such as is required by tlie statute, and ought to have been excluded. Lowis v. Gutter, 6 Mo. App. 54; Kline r. Construction Go., 7 Mo. App. 410; Hayden v. Wuljing, 19 Mo. App. 353 ; Foster v. Wuljing, 20 Mo. App. 85 ; Coe v. Ritter, 76 Mo. 277 ; Me Williams v. Mian, 45 Mo. 573; Phillips on Mech. Liens [1 Ed.] sec. 357. The owner of the property sought to be subjected to the lien is not bound by the prices agreed upon between the contractor and the materialman. McMahon v. Br ¿dwell, 3…
1Opinion of the CourtLewis, P. J.
The plaintiff, as surviving partner administering the partnership estate of Fathman & Miller, sues to enforce a’ mechanic’s lien against the dwelling-house and lot, in Cape Grirardeau, owned by the defendant, Whitelaw. The defendants, Smith & Cofer, were the contractors with Whitelaw for the building of the house, and the plaintiffs, under a contract with Smith & Cofer, furnished the doors, window-frames, mouldings, and other mill furnishing materials which were put into the work. The account filed for the lien itemizes all the articles separately, and closes with the charge, “as per…
2Cases cited4 opinions
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- Gauss v. HussmannMissouri Court of Appeals · 1886
- Kling v. Railway Construction Co.Missouri Court of Appeals · 1879
3Cited by9 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
- Hunnicutt & Bellingrath Co. v. Van HooseSupreme Court of Georgia · 1900
- Hydraulic Press Brick Co. v. GreenMissouri Court of Appeals · 1914
- Big Horn Lumber Co. v. DavisWyoming Supreme Court · 1906
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