Sosman v. Conlon
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. J. T. Neville, Judge. (1) It is no objection to this lien that the lien account filed did not state a separate price for each separate article. The lien account filed does state the separate items, but gives only the lumping price. This is proper, right and l,egal where, the contract is made for various articles furnished under one contract for a lumping price. Deardoff v. Roy, 50 Mo.
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Appeal from the Greene Circuit Court. — Hon. J. T. Neville, Judge. (1) It is no objection to this lien that the lien account filed did not state a separate price for each separate article. The lien account filed does state the separate items, but gives only the lumping price. This is proper, right and l,egal where, the contract is made for various articles furnished under one contract for a lumping price. Deardoff v. Roy, 50 Mo. App. 70; Grace v. Nesbit, 109 Mo. 9. (2) The plaintiffs are entitled to a lien in this case, because the materials for which it is claimed were furnished in the…
1Opinion of the CourtRombauer, P. J.
— The only question presented by this appeal is whether the trial court erred in declaring as a matter of law that, upon the facts appearing in evidence, the plaintiffs were not entitled to a mechanic’s lien.
The defendant Conlon entered into a contract with the owners of certain property in the city of Springfield to erect on such property a four story brick building, the rear part whereof was to be formed into and used as a theater. Conlon’s contract with the owners (who are his codefendants herein) is not 'set out literally in the record, but it sufficiently appears that it included not…
2Cases cited7 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Grace v. NesbittSupreme Court of Missouri · 1891
- Williams v. PorterSupreme Court of Missouri · 1873
- Cooke v. McNeilMissouri Court of Appeals · 1892
- Deardorff v. RoyMissouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Hoover v. AbellMissouri Court of Appeals · 1950
- Security Stove & Manufacturing Co. v. StevensMissouri Court of Appeals · 1928
- Works v. Aetna Iron WorksMissouri Court of Appeals · 1909
- Tyler v. WhiteMissouri Court of Appeals · 1897
3 more not listed; retrieve them via the Exa API.