Eau Claire-St. Louis Lumber Co. v. Wright
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Selden P. Spencer, Judge. (1) Plaintiff’s lien is not invalidated by the fact that the lien account for $304.04 included charges for lumber amounting to $42.20, of which the evidence showed that it was not used in the construction of the building, and for which plaintiff offered to give credit.
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Appeal from St. Louis City Circuit Court. — Son. Selden P. Spencer, Judge. (1) Plaintiff’s lien is not invalidated by the fact that the lien account for $304.04 included charges for lumber amounting to $42.20, of which the evidence showed that it was not used in the construction of the building, and for which plaintiff offered to give credit. The lumber sued for was all ordered by defendants, Wright & Kauffman for the building, under their contracts with defendant Pair Shoe and Clothing Company. It was all sent to the building and received at the same, and plaintiff, with good ground,…
1Opinion of the CourtBiggs, J.
The Eair Shoe and Clothing Company, the respondent herein, is the owner of a leasehold on certain lots on Eranklin avenue. The lease expires in 1921. The company erected a business house on the lots, and under the terms of *537the leáse it had the privilege of removing the structure at the termination of the lease. L. B. Wright and O. II. Kauffman are builders. The shoe company entered into a contract with them for certain improvements to be made on and connected with the building, to wit, “to furnish complete and put in place all the shelving and counters and remodeling all shelving, tables,…
2Cases cited4 opinions
- Nelson v. WithrowMissouri Court of Appeals · 1883
- Gauss v. HussmannMissouri Court of Appeals · 1886
- John O'Brien Boiler Works Co. v. HaydockMissouri Court of Appeals · 1894
- Mackler v. Mississippi River & Bonne Terre RailroadMissouri Court of Appeals · 1895
3Cited by4 opinions
- Maplewood Planing Mill & Stair Co. v. Pennant Construction Co.Missouri Court of Appeals · 1961
- E. R. Darlington Lumber Co. v. PottingerMissouri Court of Appeals · 1912
- Carthage Superior Lime Stone Co. v. Central Methodist ChurchMissouri Court of Appeals · 1911
- Kittrell v. HopkinsMissouri Court of Appeals · 1905