Ward v. Nolde
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court . — Hon. William M. Kinsey, Judge. (1) The court erred in adjudging' a lien against the fee simple estate of defendant Delany. The plaintiff’s contract having been made with a lessee, his remedy is against the lessee only. R. S. 1909, sec. 8216; Rothe v. Bellingrath, 71 Ala. 55; Deatherage v. Sheidley, 50 Mo.
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Appeal from St. Louis City Circuit Court . — Hon. William M. Kinsey, Judge. (1) The court erred in adjudging' a lien against the fee simple estate of defendant Delany. The plaintiff’s contract having been made with a lessee, his remedy is against the lessee only. R. S. 1909, sec. 8216; Rothe v. Bellingrath, 71 Ala. 55; Deatherage v. Sheidley, 50 Mo. App. 496; Koenig v. Mueller, 39' Mo. 165; Pinkerton v. LeBeau, 3 S. D. 440. (2) The court erred in holding that Nolde was agent of Delany within the meaning of section 8212 and that the work was done for the immediate use, enjoyment and benefit of…
1Opinion of the Court
WILLIAMS, C.
This is a suit to establish a méchame’s lien against a certain tract of ground and building, located at the southwest corner of Tenth and Locust streets, in the city of St. Louis, Missouri. Appellant Delany is the fee simple owner of the real estate sought to be subjected to the mechanic’s lien. In 1907, appellant Delany executed to defendant Nolde a twenty year lease on the five-story brick building located' on said premises and provided in said lease that Nolde should make and construct certain substantial alterations and improvements in said building. That portion of the lease…
2Cases cited11 opinions
- Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- Winslow Bros. v. McCully Stone Mason Co.Supreme Court of Missouri · 1902
- Philip Gruner & Bros. Lumber v. JonesMissouri Court of Appeals · 1897
- Fullerton Lumber Co. v. GatesMissouri Court of Appeals · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Peters v. DonaWyoming Supreme Court · 1936
- Utley v. WearMissouri Court of Appeals · 1960
- Jordan v. Natrona Lumber Co.Wyoming Supreme Court · 1938
- Newport v. HedgesMissouri Court of Appeals · 1962
- Hart v. ReidMichigan Supreme Court · 1928
31 more not listed; retrieve them via the Exa API.