Riverside Lumber Co. v. Schmidt
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — No». Henri/ G. Riley, Judge. (1) It is tbe duty of tbe, materialman to inquire bow far tbe materials are proper in quality and quantity for tbe building be is furnishing materials. And the law does not relieve tbe materialman from making inquiry into the nature of tbe building he proposes to furnish materials.
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Appeal from Cape Girardeau Circuit Court. — No». Henri/ G. Riley, Judge. (1) It is tbe duty of tbe, materialman to inquire bow far tbe materials are proper in quality and quantity for tbe building be is furnishing materials. And the law does not relieve tbe materialman from making inquiry into the nature of tbe building he proposes to furnish materials. Phillips on Mechanic’s Liens (3 Ed.), sec. 161. (2) Tbe court committed error in overruling tbe application of defendants for continuance. Tbe defendant, Mattie V. Adams, was a material witness in her own behalf and that of her codefendants.…
1Opinion of the CourtGoode, J.
Plaintiff seeks to enforce a mechanic’s lien against a house and lot owned by defendants Mattie V. Adams and Ben H. Adams, husband and wife, in the city of Cape Girardeau. Those parties had let a contract to defendant A. J. Schmidt to erect a house on their lot according to prepared plans and specifications, and for the price of $1,765. Schmidt bought lumber for the house from plaintiff and having failed to pay for it, a lien was filed against the property for $897.83, which lien is the subject-matter of the present action. In their answer, after stating the contract with Schmidt, Mr. and…
2Cases cited8 opinions
- State v. HaysSupreme Court of Missouri · 1856
- Badger Lumber Co. v. SteppSupreme Court of Missouri · 1900
- A. M. Stevens Lumber Co. v. Kansas City Lumber Co.Missouri Court of Appeals · 1897
- Owens v. TinsleySupreme Court of Missouri · 1855
- Hurck v. St. Louis Exposition & Music Hall Ass'nMissouri Court of Appeals · 1888
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3Cited by4 opinions
- Blessing v. BlessingMissouri Court of Appeals · 1976
- Arch Sellery, Inc. v. SimpsonWyoming Supreme Court · 1959
- Cavanagh v. O'ConnorSupreme Court of Iowa · 1922
- E. R. Darlington Lumber Co. v. PottingerMissouri Court of Appeals · 1912