Flanagan Bros. v. O'Connell
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The plaintiffs have no personal claim against the defendants, Myers, but seek in this action (as is sought in the Dwyer case for plaintiffs personal debt) to charge the property of these defendants with the personal debt of Matt. O’Connell, the defaulting contractor. The plaintiffs themselves are in default as to the Dwyer claim, just as Matt.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The plaintiffs have no personal claim against the defendants, Myers, but seek in this action (as is sought in the Dwyer case for plaintiffs personal debt) to charge the property of these defendants with the personal debt of Matt. O’Connell, the defaulting contractor. The plaintiffs themselves are in default as to the Dwyer claim, just as Matt. O’Connell seems to be in default upon the plaintiffs’ claim in this case. The gratuitous entry made by the court in this case, unauthorized by any relief prayed for herein, is not an…
1Opinion of the CourtSmith, P. J.
This case may be stated in this way: The defendant O’Oonnell entered into a general contract with the other defendants, Myers and wife, for the erection of two residence buildings and a boiler house on certain lots in Kansas City. The plaintiffs contracted with O’Oonnell to perform all the brick work on said buildings as called for by the plans and specifications for $2,979. The plaintiffs’ claim is that they did the work and furnished the materials for said improvement according to contract for which they received all of the contract price except the sum of $416, for which latter amount they…
2Cases cited11 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Phillips v. EvansSupreme Court of Missouri · 1876
- Bruns v. BraunMissouri Court of Appeals · 1889
- Philip Gruner & Bros. Lumber v. JonesMissouri Court of Appeals · 1897
- Kearney v. WurdemanMissouri Court of Appeals · 1889
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3Cited by12 opinions
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
- Center Creek Mining Co. v. CoyneMissouri Court of Appeals · 1912
- Midwest Floor Co. v. Miceli Development Co.Missouri Court of Appeals · 2009
- Crane Co. v. Erie Heating Co.Oregon Supreme Court · 1910
- Kennefick-Hammond Co. v. Norwich Union Fire Insurance SocietyMissouri Court of Appeals · 1904
7 more not listed; retrieve them via the Exa API.