Gauss v. Hussmann
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepabd Babclay, Judge. At. the date of the death of Hussmann, very little of the materials were delivered, and after that date the defendant became administrator, and no one was authorized to perform, or did perform, his contract, and such, contract -was ended by his death.
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Appeal from the St. Louis Circuit Court, Shepabd Babclay, Judge. At. the date of the death of Hussmann, very little of the materials were delivered, and after that date the defendant became administrator, and no one was authorized to perform, or did perform, his contract, and such, contract -was ended by his death. Wharton-on Contracts, sects. 322-326, and note, and sect. 714; Allen v. Frumet Mining Co., 73 Mo. 688; Phillips on Mechanics’ Liens, sect. 62. The petition in this case contains no cause of action against the defendant Rodemann, and there was no evidence of the ownership of…
1Opinion of the CourtThompson, J.
This action is brought by the plaintiffs as sub-contractors to enforce a mechanic’s lien against a building: erected for Henry Rodemann, who died pending the action, under a contract between Rodemann and Henry Hussmann, Jr. The petition contains two counts: The *117■first for certain material furnished to the building by the plaintiffs, under a specific contract between them and Hussmann, Jr. The second for a bill of extra materials furnished by them to the building at the special instance .and request of'Hussmannn, Jr., the principal contractor. For each of these .two classes of materials a…
2Cases cited3 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Livermore v. WrighSupreme Court of Missouri · 1862
- Nelson v. WithrowMissouri Court of Appeals · 1883
3Cited by14 opinions
- S & R Builders & Suppliers, Inc. v. MarlerMissouri Court of Appeals · 1980
- Philip Gruner & Bros. Lumber v. JonesMissouri Court of Appeals · 1897
- Miller v. HoffmanMissouri Court of Appeals · 1887
- O'Connor v. Current River RailroadSupreme Court of Missouri · 1892
- John O'Brien Boiler Works Co. v. HaydockMissouri Court of Appeals · 1894
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