Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court.- — Hon. Leroy 33. Valliant, Judge. (1) The first declaration of law given at the request of the defendants was erroneous, for, “there is no provision of the statute requiring a separate account to be filed for each separate contract under which materials may have been furnished, though the material may be entirely different and the contracts independent......The statute evidently only contemplated filing one account, and no reason…
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Appeal from, St. Louis City Circuit Court.- — Hon. Leroy 33. Valliant, Judge. (1) The first declaration of law given at the request of the defendants was erroneous, for, “there is no provision of the statute requiring a separate account to be filed for each separate contract under which materials may have been furnished, though the material may be entirely different and the contracts independent......The statute evidently only contemplated filing one account, and no reason can be seen for adding anything to its requirements.” Grace v. Nesbitt, 109 Mo. 16; Kerr v. Pfaff, 44 Mo. App. 30;…
1Opinion of the CourtMarshall, J.
This is an action to establish a mechanic’s lien.
The petition is in two counts. The first count alleges that the Gratiot Brick & Quarry Company bought of the plaintiff hard bricks to the amount of $1,000; that said bricks were furnished for and used in the construction of a one and two-story brick and frame structure, containing clay sheds, brick kilns, press, machine and boiler house and appurtenances, known as a brick plant, erected on certain real estate described,comprising seven contiguous lots; that the fee simple title to the real estate was in the Gratiot Brick & Quarry Company at the…
2Cases cited22 opinions
- Hutchins v. MastersonTexas Supreme Court · 1877
- Grace v. NesbittSupreme Court of Missouri · 1891
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
- Springfield Foundry & Machine Co. v. ColeSupreme Court of Missouri · 1895
- Watts-Campbell Co. v. YuenglingNew York Court of Appeals · 1890
17 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. Becktold Co.Court of Appeals for the Eighth Circuit · 1942
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Paul Mueller Co. v. Cache Valley Dairy Ass'nUtah Supreme Court · 1982
- Pullis v. Pullis Bros. Iron Co.Supreme Court of Missouri · 1900
17 more not listed; retrieve them via the Exa API.