McCarthy Lumber & Construction Co. v. Kinder
Missouri Court of Appeals
Appeal from the Circuit Court of St. Francois County.— Eon. Peter E. Euck, Judge. (1) (a) The first two items of the lien account were insufficient as the basis for a lien, and the court therefore erred in refusing defendants ’ Instructions 1 and 2. Even in cases of lump contracts the items must in some manner specify or identify the material and labor used, then to this may be added the contract price.
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Appeal from the Circuit Court of St. Francois County.— Eon. Peter E. Euck, Judge. (1) (a) The first two items of the lien account were insufficient as the basis for a lien, and the court therefore erred in refusing defendants ’ Instructions 1 and 2. Even in cases of lump contracts the items must in some manner specify or identify the material and labor used, then to this may be added the contract price. So held in the following eases: Rude v. Mitchell, 97 Mo. 365 at 372-4; Bruns v. Capstick, 46 Mo. App. 397, 401-2; Baker v. Smallwood, 161 Mo. App. 257, 259; Mitchell Planing Mill Co. v.…
1Opinion of the Court
This is an action brought by an original contractor to recover the sum of $960.19, as a balance due and alleged to be owing by defendants Lee F. Kinder and Eva Kinder to plaintiff for material and labor furnished in the erection of a dwelling and improvements made in connection therewith, and to establish a lien on the building and lot on which it was located. After trial by the court without the aid of a jury, plaintiff recovered in the court below and defendants prosecute their appeal.
Defendants objected to the introduction of any testimony in the court below, for the reason that the…
2Cases cited7 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- McMillan & Parker v. Ball & Gunning Milling Co.Missouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wadsworth Homes, Inc. v. Woodridge CorporationMissouri Court of Appeals · 1962
- Security Stove & Manufacturing Co. v. StevensMissouri Court of Appeals · 1928
- Leach v. BoppMissouri Court of Appeals · 1929
- Harry Cooper Supply Co. v. Gillioz, 5560 (mo.banc 6-16-1937)Supreme Court of Missouri · 1937
- Moller-Vandenboom Lumber Co. v. BoudreauMissouri Court of Appeals · 1935
2 more not listed; retrieve them via the Exa API.