Riverside Lumber Co. v. Oxford
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common - Pleas. —Hon. John A. Snider, Judge. (1) ' Defendant’s age, when the materials were ordered, being over eighteen years, rendered him sui juris so far as .the Mechanics’ Lien Act is concerned.
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Appeal from Cape Girardeau Court of Common - Pleas. —Hon. John A. Snider, Judge. (1) ' Defendant’s age, when the materials were ordered, being over eighteen years, rendered him sui juris so far as .the Mechanics’ Lien Act is concerned. De'Witt v.- Smith, 63 Mo. 263; Dngan, etc., Co. v. Gray, 114 Mo. 497; Sec. 402, R. S. of Mo. for 1909; Sec. 8234, R. S. of Mo. for 1909. (2) Plaintiff’s evidence was in every respect sufficient to require a submission to the jury, and the learned trial court erred in giving the peremptory instruction for defendant. (1). Every intendment and presumption arising…
1Opinion of the Court
REYNOLDS, P. J.-
— This is an action to obtain judgment against Everett Oxford and to establish a .mechanics’ lien against his interest in the lot on which the building is situated, a lot in the city of Cape Girar-deau. At the trial of the cause it appeared that the material for the furnishings of which a lien was claimed, *192was- bought by John Oxford, father of Everett, and that he was to use it in the erection of a bouse on a lot belonging to his two sons, Everett and Delvia, the house when finished to be occupied by the father, mother and the family, including Everett. At the time Everett was…
2Cases cited5 opinions
- Ward v. NoldeSupreme Court of Missouri · 1914
- Garnett v. BerryMissouri Court of Appeals · 1876
- Roeckeler Lumber Co. v. WahlbrinkMissouri Court of Appeals · 1915
- Carthage Marble & White-Lime Co. v. BaumanMissouri Court of Appeals · 1891
- Farley v. StroehMissouri Court of Appeals · 1896