Badger Lumber Co. v. Muehlebach
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. A. F. Evans, Judge. (1) Appellant’s objection to the introduction of any evidence should have been sustained. Peck v. Bridwell, 6 Mo.
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Appeal from Jackson Circuit Court. — Hon. A. F. Evans, Judge. (1) Appellant’s objection to the introduction of any evidence should have been sustained. Peck v. Bridwell, 6 Mo. App. 451; Langford v. Sanger, 40 Mo. 164; Shaw v. Allen, 20 Wis. 563; Black v. Rogers, 30 Ind. 420; Wilcox v. Keith, 3 Ore. 372. (2) The foundation of'the mechanic’s right to a lien is the existence of a contract for the work or material, which contract must he made with the owner or his agent, contractor or subcontractor. R. S. 1899, sec. 4203 ; House v. Thompson, 36 Mo. 450; House v. Carroll, 37 Mo. 578; Barker v.…
1Opinion of the CourtSmith, P. J.
This is an action by the plaintiff— a corporation — to enforce a mechanic’s lien for materials furnished for the construction of certain buildings, etc. At the inception of the trial the defendant objected to the introduction of any evidence by plaintiff on the ground that the petition did not state facts sufficient to constitute a cause of action in that it — the petition— did not allege that the defendant at the time of the execution of the contract for the erection of the buildings was the owner of the land upon which the erection was to be made. By referring to the petition it is seen…
2Cases cited4 opinions
- Fullerton Lumber Co. v. GatesMissouri Court of Appeals · 1901
- Kick v. DoersteMissouri Court of Appeals · 1891
- Hartman v. BerrySupreme Court of Missouri · 1874
- Handley v. WardMissouri Court of Appeals · 1897
3Cited by4 opinions
- Ward v. NoldeSupreme Court of Missouri · 1914
- Allen Estate Ass'n v. Fred Boeke & SonSupreme Court of Missouri · 1923
- Crane Co. v. SmithMissouri Court of Appeals · 1915
- Compton v. ConradMissouri Court of Appeals · 1919