Towner v. Remick
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. The facts are stated in the opinion. I. Plaintiffs must show that the lumber for which the lien is claimed was actually used in the construction of the building. Simmons v. Carrier, 60 Mo. 581; Fitzpatrick v. Thomas, 61 Mo. 516; Schulenburg v. Institute, 65 Mo. 295; Deardorff v. Everhart, 74 Mo. 39 ; Fitzpatrick v. Thomas, 76 Mo. 514. This was not shown by the evidence. II.
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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. The facts are stated in the opinion. I. Plaintiffs must show that the lumber for which the lien is claimed was actually used in the construction of the building. Simmons v. Carrier, 60 Mo. 581; Fitzpatrick v. Thomas, 61 Mo. 516; Schulenburg v. Institute, 65 Mo. 295; Deardorff v. Everhart, 74 Mo. 39 ; Fitzpatrick v. Thomas, 76 Mo. 514. This was not shown by the evidence. II. Plaintiff’s books were not admissible. in evidence, not being books of original entry. Eissock v. McPherson, 20 Mo. 310; Cozzens v. Barrett, 23 Mo. 544; 20 Mo.…
1Opinion of the CourtPhilips, P. J.
This is an action by plaintiffs as sub-contractors to enforce a mechanic’s lien on the property of the defendants, Walter A. Bunker and John Mc-Ewen. The defendants, O. L. Remick and John M. Stone, were the contractors to build a certain house for. said B unker and McEwen. As such contractors, they bought lumber, etc., from plaintiffs. After the work was done, and the owners of the building had paid off the contractors, plaintiffs attempted to perfect a mechanic’s lien on the premises to secure a balance owing them by said contractors amounting to over one thousand dollars. The circuit court…
2Cases cited2 opinions
- Hoffman v. HynesSupreme Court of Missouri · 1865
- Hess v. PoultneyCourt of Appeals of Maryland · 1856
3Cited by6 opinions
- Rufkahr Construction Co. v. WeberMissouri Court of Appeals · 1983
- Nurmi v. BeardsleyMichigan Supreme Court · 1936
- Sentinel Woodtreating, Inc. v. Cascade Development Corp.Missouri Court of Appeals · 1980
- Enos v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1890
- Henry v. BunkerMissouri Court of Appeals · 1886
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