Berkshire Lumber Co. v. J. S. Chick Investment Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ron. W. 0. Thomas, Judge. (1) The variance between the mechanic’s lien and the petition and the judgment is fatal to recovery by respondent. 13 Ency. of Plead. & Prac., p. 1004; Dugan v. Higgs, 43 Mo. App. 166; Plenry v. Mahone, 23 Mo. App. 83; Guass v. Hussman, 22 Mo. App. 115; Poppert v. Wright, 52 Mo. App. 576; Palmer v. La-vigne, 104 Cal. 30; Frazer v. Barlow, 63 Cal. 71; Mc-Adow v. Miltenberger, 75 Mo. App. 346; Davis v. Bond, 75 Mo.
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Appeal from Jackson Circuit Court. — Ron. W. 0. Thomas, Judge. (1) The variance between the mechanic’s lien and the petition and the judgment is fatal to recovery by respondent. 13 Ency. of Plead. & Prac., p. 1004; Dugan v. Higgs, 43 Mo. App. 166; Plenry v. Mahone, 23 Mo. App. 83; Guass v. Hussman, 22 Mo. App. 115; Poppert v. Wright, 52 Mo. App. 576; Palmer v. La-vigne, 104 Cal. 30; Frazer v. Barlow, 63 Cal. 71; Mc-Adow v. Miltenberger, 75 Mo. App. 346; Davis v. Bond, 75 Mo. App. 35; Cousins v. Bowling, 100 Mo. App. 1. c. 458; Shinn v. Eld, 146 Mo. App. 725; Eam-sey v. Henderson, 91 Mo. 565.…
1Opinion of the CourtTrimble, J.
Suit by respondent to enforce a mechanic’s lien.
Between October 18, and November 12, 1909, respondent sold to the defendant, E. IT. Quimby, $689.62 worth of lumber which went into the construction of a residence on the lot against which the lien is sought to be enforced. During this time and afterwards the record title to said lot stood in the name of a Miss F. E: Balfour. It was discovered later (though the evidence does not show just when, but after the filing of the lien-claim), that Quimby was the equitable owner of the property, and that the title was placed in Balfour tó secure her for…
2Cases cited14 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Hanson v. NealSupreme Court of Missouri · 1908
- Malone v. Big Flat Gravel Mining Co.California Supreme Court · 1888
- Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
- Hicks v. ScofieldSupreme Court of Missouri · 1894
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3Cited by4 opinions
- Koehler v. RowlandSupreme Court of Missouri · 1918
- Oliver L. Taetz, Inc. v. GroffSupreme Court of Missouri · 1953
- Robertson v. RobertsonMissouri Court of Appeals · 1914
- Witham v. DelanoMissouri Court of Appeals · 1914