Legal Opinion

Western Sash & Door Co. v. Buckner

Missouri Court of Appeals

Decided April 24, 1899PublishedCited by 3 opinions

Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge., (1) If there is any such thing as selling materials under such circumstances that the plaintiff, while knowing what building they are to be used in, can not claim a lien, then this is that sort of case. Buckner, the lumber dealer, was merely a materialman and not a subcontractor within the meaning of the Missouri statute.

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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge., (1) If there is any such thing as selling materials under such circumstances that the plaintiff, while knowing what building they are to be used in, can not claim a lien, then this is that sort of case. Buckner, the lumber dealer, was merely a materialman and not a subcontractor within the meaning of the Missouri statute. We submit that the mere fact that in the Missouri decisions a materialman who sells to a contractor is often spoken of as a subcontractor, has no bearing oh this case for the reason that the question here…

1Opinion of the CourtSmith, P. J.

This is an action to enforce a mechanics’ lien; and in which the plaintiff had judgment and defendants appealed.

*98Statement. The case is something like this: Billings, the owner of a lot in Kansas City, entered into a contract with Gfordy & Son to perform all the labor and furnish all the material for the building of a house on said'lot. The contractors, Qordy & Son, entered into a further contract with Buckner to furnish all the lumber and mill work, which was required for the building. Buckner, under his subcontract with Qordy & Son, furnished the lumber, but the mill work, consisting of…

2Cases cited18 opinions

  1. De Witt v. SmithSupreme Court of Missouri · 1876
  2. Ranson v. SheehanSupreme Court of Missouri · 1883
  3. Oster v. RabeneauSupreme Court of Missouri · 1870
  4. McAdow v. SturtevantMissouri Court of Appeals · 1890
  5. Ambrose Manufacturing Co. v. GapenMissouri Court of Appeals · 1886

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3Cited by3 opinions

  1. City of St. Louis ex rel. Contracting & Supply Co. v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1913
  2. Riverside Lumber Co. v. SchmidtMissouri Court of Appeals · 1908
  3. Salt Lake Hardware Co. v. Chainman Mining & Electric Co.U.S. Circuit Court for the District of Nevada · 1904

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