Green Quarries, Inc. v. Raasch

I dissent. The majority first holds the plaintiff’s last petition was improperly drafted in that it left out a vital element of its case, and, secondly, that there is no cause of action in Missouri by a sub-contractor who fails to perfect his mechanic’s lien against a landowner. I respectfully disagree with both holdings and address the latter first.

I

The majority would penalize a sub-contractor who has failed to perfect a mechanic’s lien by foreclosing his right to quasi-contractual relief. No other class of persons or entities is denied equitable relief for such a failure. The result here…