Schulenburg v. Bascom
Supreme Court of Missouri
Appeal from St. Louis Land Court. The following notice was proved to have been served upon the owner of the property: “ Mr. A. H. W. Beckman. — Sir: Please take notice, that we bold a claim amounting to four hundred and thirty-sis 66-100ths dollars, for materials furnished' by us, under contract with Bascom & Wood, for altering and improving a thnée-story brick building situated upon the following described property in the city of St. Louis, to-wit [describing the property]…
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Appeal from St. Louis Land Court. The following notice was proved to have been served upon the owner of the property: “ Mr. A. H. W. Beckman. — Sir: Please take notice, that we bold a claim amounting to four hundred and thirty-sis 66-100ths dollars, for materials furnished' by us, under contract with Bascom & Wood, for altering and improving a thnée-story brick building situated upon the following described property in the city of St. Louis, to-wit [describing the property] : and that, unless our said demand is paid, we will in due time file' our lien against said property. St. Louis, June…
1Opinion of the CourtHolmes, Judge
The case depends upon the determination of the single question, whether the 18th section, concerning mechanics’ liens in the county of St. Louis (Laws of 1856-7, p. 670), requires the notice to be given by a sub-contractor, to be in writing, or whether a verbal notice may be sufficient. We think it must be a notice in writing. It is provided that the sub-contractor “ shall give ten days’ notice before the filing of the lien, as required by this act, to the owner, owners, or agent, or either of them, that he or they hold a'claim against such building or improvement, setting forth the amount,…
2Cases cited1 opinion
- Alexander v. BrownSupreme Court of the United States · 1828
3Cited by6 opinions
- North Dakota Lumber Co. v. BulgerNorth Dakota Supreme Court · 1910
- Sentinel Woodtreating, Inc. v. Cascade Development Corp.Missouri Court of Appeals · 1980
- Cella v. SchnairsMissouri Court of Appeals · 1890
- Dwyer Brick Works v. Flanagan Bros.Missouri Court of Appeals · 1901
- Miller v. FaulkSupreme Court of Missouri · 1871
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