Deitz v. Leete
Missouri Court of Appeals
Error to Jackson Circuit Court, Hon. Turner A. 'GrILL, Judge. Statement of case by the court. This is an action to enforce a mechanic’s lien, and to recover the contract money. The defendant, Leete, was the contractor, and the defendant, English, was part owner of the building on which the lien is sought to be enforced. The plaintiff furnished material for the erection of this' building, as a subcontractor under Leete.
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Error to Jackson Circuit Court, Hon. Turner A. 'GrILL, Judge. Statement of case by the court. This is an action to enforce a mechanic’s lien, and to recover the contract money. The defendant, Leete, was the contractor, and the defendant, English, was part owner of the building on which the lien is sought to be enforced. The plaintiff furnished material for the erection of this' building, as a subcontractor under Leete. Having complied with the law authorizing him to file a mechanic’s lien, this suit is to enforce the same. As the issue here is between the plaintiff and English, it is only…
1Opinion of the CourtPhilips, P. J.
If the question were res nova in this jurisdiction, I should hold that, where a party executes a bond, as did this plaintiff, contemporaneously *547with the builder’s contract, the very object and purpose of which was to secure the owner of the property against such a claim as this set up by the plaintiff, and on the faith of which the owner of the property had paid off the contractor and other materialmen to the full amount of his contract price, the obligor in such bond would be clearly estopped from asserting such lien. It is, in legal effect, a guaranty on his part to the owner that no lien…
2Cases cited3 opinions
- Jones v. ChildsNevada Supreme Court · 1872
- Kamerick v. CastlemanMissouri Court of Appeals · 1886
- Hartman v. BerrySupreme Court of Missouri · 1874
3Cited by1 opinion
- Handley v. WardMissouri Court of Appeals · 1897