O'Leary v. Roe
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — TIon. R. H. Field, Judge. < (1) The contract for the foundations was not made with the owner of the lots, hence no lien can be adjudged against the lots. Jodd ®. Duncan, 9 Mo. App. 417; Squires v. Fithian, 27 Mo.
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Appeal from the Jaclcson Circuit Court. — TIon. R. H. Field, Judge. < (1) The contract for the foundations was not made with the owner of the lots, hence no lien can be adjudged against the lots. Jodd ®. Duncan, 9 Mo. App. 417; Squires v. Fithian, 27 Mo. App. 134. And this is so even though Roe had a contract for the purchase of the lots, and was in possession under that contract, and even though the’ owner had notice of Roe’s intention to build and knew that the work was being done. Thaxton ®. Williams, 14 Pick. 49; Callaway ®. Freeman, 29 Gfa. 408; Jodd ®. Duncan, 9 Mo. App. 417. (2) The…
1Opinion of the CourtSmith, P. J.
— This action was brought to have declared and enforced a mechanics’ lien. The defendant Shortridge entered into a written contract with Roe, another one of the defendants, by which the former conditionally sold the latter certain lots in Kansas City, Missouri, for $5,283.33 ; excepting a small amount paid at the time of signing the contract, the said amount of the purchase money was payable in three nearly equal payments, in ninety days and one and two years. The last two payments were to be secured by deed of trust upon the lots, which were to be subject to a prior deed of trust to secure a…
2Cases cited14 opinions
- Henderson v. ConnellyIllinois Supreme Court · 1887
- Hill v. GillSupreme Court of Minnesota · 1889
- Allen v. SalesSupreme Court of Missouri · 1874
- McAdow v. SturtevantMissouri Court of Appeals · 1890
- Fitzgerald v. ThomasSupreme Court of Missouri · 1876
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3Cited by17 opinions
- Carey-Lombard Lumber Co. v. JonesIllinois Supreme Court · 1900
- Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Philip Gruner & Bros. Lumber v. JonesMissouri Court of Appeals · 1897
- Hart v. ReidMichigan Supreme Court · 1928
12 more not listed; retrieve them via the Exa API.