Kirkwood Manufacturing & Supply Co. v. Sunkel
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. J. W. McJElhinney, Judge. (I) The description of the property was not a true description or so near as to identify same, consequently the lien must fail and suit against the owner dismissed. R. S. 1899, secs. 4203, 4207; Williams v. Porter, 51 Mo. 441; Wright y. Beardsley, 69 Mo. 548; Matlack y. Bare, 32 Mo. 262; Oster y. Rabeneau, 46 Mo. 595; Mayes y. Murphy, 93 Mo. App. 37; Planing Mill y. Christophel, 60 Mo.
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Appeal from St. Louis County Circuit Court. — Eon. J. W. McJElhinney, Judge. (I) The description of the property was not a true description or so near as to identify same, consequently the lien must fail and suit against the owner dismissed. R. S. 1899, secs. 4203, 4207; Williams v. Porter, 51 Mo. 441; Wright y. Beardsley, 69 Mo. 548; Matlack y. Bare, 32 Mo. 262; Oster y. Rabeneau, 46 Mo. 595; Mayes y. Murphy, 93 Mo. App. 37; Planing Mill y. Christophel, 60 Mo. App. 106; Powers, etc., y. Muir, 123 S. W. 490. (2) The contract sued on herein not being entered into between respondent and Hogan,…
1Opinion of the CourtGoode, J.
Plaintiff, an incorporated company, furnished material in 1907 to William J. Hogan, who had contracted with the defendant Louise Sunkel to build a two-story brick dwelling for her on a lot she owned in St. Louis county. The material furnished consisted of door frames, Avindow frames, moulding and other articles which will not be enumerated as there *138is no contention about them. Hogan did- not pay plaintiff for the material and in due time a lien account was filed and the present action brought to enforce it. The controversy in the case relates to the sufficiency of the description in the lien…
2Cases cited10 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Williams v. PorterSupreme Court of Missouri · 1873
- Ranson v. SheehanSupreme Court of Missouri · 1883
- Oster v. RabeneauSupreme Court of Missouri · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Sanders v. DeWittMissouri Court of Appeals · 1979
- Joplin Supply Co. v. WestMissouri Court of Appeals · 1910
- Paradise Homes, Inc. v. HeltonMissouri Court of Appeals · 1981
- Jones Lumber Co. v. SnyderMissouri Court of Appeals · 1927
2 more not listed; retrieve them via the Exa API.