Mayes v. Murphy
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. J ames T. Neville, Judge. (1) The petition sufficiently sets out an itemized account of plaintiffs claims fully showing the character of work, time employed, when the work was done, the contract price per day, together with all credits and amount due. Girl’s Industrial Home v. Eritchey, 10 Mo.
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Appeal from Greene Circuit Court. — Hon. J ames T. Neville, Judge. (1) The petition sufficiently sets out an itemized account of plaintiffs claims fully showing the character of work, time employed, when the work was done, the contract price per day, together with all credits and amount due. Girl’s Industrial Home v. Eritchey, 10 Mo. App. 344; McDermott v. Claas, 104 Mo. 14. (2) The petition fully alleges all that is necessary to enforce a mechanic’s lien against defendant L. S. Bus-sell’s land. It is not necessary to describe in the petition or statement the exact acre on which the buildings…
1Opinion of the CourtBland, P. J.
Omitting caption, the petition is as follows:
“The plaintiff, J. A. Mayes, says that the defendant, E. A. Murphy, is indebted to him in the sum of ninety-three dollars for labor' performed by plaintiff a.t the request of and un*39der contract with said defendant, E. A. Murphy, as per the following account, to-wit:
“1900, Dec. 21.
“To 72 days labor performed by said J. A. Mayes at
$1.50 per day............................$108.00
“By cash paid.............................. 15.00
“Balance due J. A. Mayes ............ 93.00
“Said labor was performed between the eighteenth day of April, 1900, and the…
2Cases cited3 opinions
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Ranson v. SheehanSupreme Court of Missouri · 1883
- Fathman & Miller Planing Mill Co. v. ChristophelMissouri Court of Appeals · 1894
3Cited by4 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Toner v. WhybrewIndiana Court of Appeals · 1912
- Kirkwood Manufacturing & Supply Co. v. SunkelMissouri Court of Appeals · 1910
- Woolridge v. TorgrimsonNorth Dakota Supreme Court · 1930