Legal Opinion

Berkshire Lumber Co. v. J. S. Chick Investment Co.

Missouri Court of Appeals

Decided April 7, 1913PublishedCited by 4 opinions

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

  1. De Witt v. SmithSupreme Court of Missouri · 1876
  2. Hanson v. NealSupreme Court of Missouri · 1908
  3. Malone v. Big Flat Gravel Mining Co.California Supreme Court · 1888
  4. Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
  5. Hicks v. ScofieldSupreme Court of Missouri · 1894

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Koehler v. RowlandSupreme Court of Missouri · 1918
  2. Oliver L. Taetz, Inc. v. GroffSupreme Court of Missouri · 1953
  3. Robertson v. RobertsonMissouri Court of Appeals · 1914
  4. Witham v. DelanoMissouri Court of Appeals · 1914

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