Kansas City Planing Mill Co. v. Brundage
Missouri Court of Appeals
Appeal from Jackson. Circuit Court, Hon. James H. Slover, Judge. Tke case is stated in tlie opinion. I. Tke court erred in refusing to give tke instruction in tke nature of a demurrer to tke evidence. It was needful in order to establisk a lien against tke property of the Brundages that a contractual relation should be shown to exist between Mrs. Brundage, the owner, and Moore Brothers, the contractors. Horton r>. Railroad, 84 Mo. 602; Henry v. Riee, 18 Mo.
Read the full summary
Appeal from Jackson. Circuit Court, Hon. James H. Slover, Judge. Tke case is stated in tlie opinion. I. Tke court erred in refusing to give tke instruction in tke nature of a demurrer to tke evidence. It was needful in order to establisk a lien against tke property of the Brundages that a contractual relation should be shown to exist between Mrs. Brundage, the owner, and Moore Brothers, the contractors. Horton r>. Railroad, 84 Mo. 602; Henry v. Riee, 18 Mo. App. 497; Oarnett v. Berry, 3 Mo. App. 105. And any sub-contractor or material man, as in this case, is presumed to have notice of the…
1Opinion of the CourtPhilips, P. J.
This is an action to enforce a mechanic’s lien, for materials furnished by plaintiff in the construction of a building on a lot owned by defendant, Amelia Brundage. The contract for the building was made between W. H. Brundage, the husband of said Amelia, in his own name, as owner of the property, and Moore Brothers as contractors.
The contract was reduced to writing. The cost of the building was to be $6,560, to be paid by W. H. Brundage. The plaintiff furnished lumber for said building; and it filed a mechanic’s lien on the lot to secure a balance of account amounting to $356.70. The…
2Cases cited10 opinions
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- McLaren v. HallSupreme Court of Iowa · 1868
- Jones v. . WalkerNew York Court of Appeals · 1875
- Eystra v. CapelleSupreme Court of Missouri · 1876
- Garnett v. BerryMissouri Court of Appeals · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Berkshire v. HolckerMissouri Court of Appeals · 1919
- Hoffman v. McFaddenSupreme Court of Arkansas · 1892
- Carthage Marble & White-Lime Co. v. BaumanMissouri Court of Appeals · 1891
- McFadden v. StarkSupreme Court of Arkansas · 1893
- Kline v. PerryMissouri Court of Appeals · 1892
9 more not listed; retrieve them via the Exa API.