Bruce Lumber Co. v. Hoos
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The lien paper and account filed is not 11 a just and true account” within the meaning of the statute, because it does not show the year in which the materials were sold. Coe v. Bitter, 86 Mo. 287; McWilliams v. Allen, 45 Mo. 573; Curless v. Lewis, 46 Mo. App. 278; Bude v. Mitchell, 97 Mo. 373; Hayden v. Wulfing, 19 Mo. App. 358; Bruce v. Hoos, 48 Mo.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The lien paper and account filed is not 11 a just and true account” within the meaning of the statute, because it does not show the year in which the materials were sold. Coe v. Bitter, 86 Mo. 287; McWilliams v. Allen, 45 Mo. 573; Curless v. Lewis, 46 Mo. App. 278; Bude v. Mitchell, 97 Mo. 373; Hayden v. Wulfing, 19 Mo. App. 358; Bruce v. Hoos, 48 Mo. App. 163. (2) If there was any evidence of a waiver of the lien by respondents or that the credit for the lumber was not given, relying on the buildings and lots, then the…
1Opinion of the CourtGill, J.
This is a case of long standing, having originated in the Jackson circuit court more than seven years ago, and was here on a former appeal, in the year 1891 (48 Mo. App. 161). The object of the suit is to' enforce a mechanic’s lien against a lot in Kansas City and two houses thereon, on account of lumber furnished by the plaintiffs to the defendant Hoos, and which was used in the erection of the houses. The other defendants are trustees and their beneficiaries in two deeds of trust executed by Hoos to secure certain notes made by him.
At the first trial had in the circuit court, the lien paper…
2Cases cited18 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- McAdow v. SturtevantMissouri Court of Appeals · 1890
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3Cited by3 opinions
- R. D. Kurtz, Inc. v. FieldMissouri Court of Appeals · 1929
- Christopher & Simpson Architectural Iron & Foundry Co. v. KellyMissouri Court of Appeals · 1901
- Western Sash & Door Co. v. BucknerMissouri Court of Appeals · 1899