Dougherty & Moss Lumber Co. v. Rothbaum

On motion for rehearing,

Rombauer, P. J.,

said, in part:

“By just credits, as that term is used in the statute, when applied to the lien of a sub-contractor, credits are -meant, to which the contractor is entitled in his account with the sub-contractor. The contractor is the party primarily liable and not the building. [Wibbing v. Powers, 25 Mo. 599; Ashburn v. Ayers, 28 Mo. 75; Westcott v. Bridewell, 40 Mo. 146.] The contractor is a necessary party, and the proceeding against him is in personam and not in rein. He may avail himself, although the suit be a lien suit, of all credits, offsets and…