National Press Brick Co. v. W. H. Lester Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. James L. Withrow, Judge. (1) The statute makes it the duty of the contractor or the subcontractor to file with the clerk or the circuit court within the designated time “a just and true account of the demand due him or them, after all just credits have been given, which is to be a lien upon the building,” etc.
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Appeal from St. Louis City Circuit Court.—Hon. James L. Withrow, Judge. (1) The statute makes it the duty of the contractor or the subcontractor to file with the clerk or the circuit court within the designated time “a just and true account of the demand due him or them, after all just credits have been given, which is to be a lien upon the building,” etc. Revised Statutes of Missouri 1909, section 8217. There must be an'account which answers to the ordinary signification of the term. Rude v. Mitchell, 97 Mo. 365. (2) The account must show what the materials were, what work was done, and the…
1Opinion of the CourtAllen, J.
This is an action to enforce a mechanic’s lien. The only question involved in the appeal pertains to a lumping charge in the lien account filed. The debit side of the lien account is as follows: March 8, 1910—To 2,000 Common- Brick
(8%x2%x4) ..........................$ 15.00
April 6, 1910-—To 3,000 Common Brick (8y4x21/4xá) .......................... 22.50
May 31, 1910—-To 10,000 Common Brick (8%x2%x4) .......................... 75.00
June 1-29, 1910—To 137,000 Common Brick (8i4x2%x4) .......................... 1027.50
June 23-Sept. 9, 1910—To 16,491 Enamel Brick, Special Sizes, as itemized on…
2Cases cited8 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Rude v. MitchellSupreme Court of Missouri · 1888
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- McWilliams v. AllanSupreme Court of Missouri · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Christopher & Simpson Architectural Iron & Foundry Co. v. E. A. Steininger Construction Co.Missouri Court of Appeals · 1918
- McMillan & Parker v. Ball & Gunning Milling Co.Missouri Court of Appeals · 1915
- Springfield Planing Mill, Lumber & Construction Co. v. KrebsMissouri Court of Appeals · 1917
- McMillan v. Ball & Gunning Milling Co.Supreme Court of Missouri · 1918
- McMillan & Parker v. Ball & Gunning Milling Co.Missouri Court of Appeals · 1915