Devers v. Howard
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The clause in the contract authorizing the city to apply any part of the contract price at any time to the payment of claims for work and labor and material, was perfectly legal and valid, and it gave the plaintiff an equitable lien upon the part of the contract price which the city had sequestered or set apart under that provision. Luthy v. Woods, 6 Mo. App. 67; St. Louis v. Keane, 27 Mo. App. 642; Casey v. Gunn, 29 Mo.
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Transferred from Kansas City Court of Appeals. (1) The clause in the contract authorizing the city to apply any part of the contract price at any time to the payment of claims for work and labor and material, was perfectly legal and valid, and it gave the plaintiff an equitable lien upon the part of the contract price which the city had sequestered or set apart under that provision. Luthy v. Woods, 6 Mo. App. 67; St. Louis v. Keane, 27 Mo. App. 642; Casey v. Gunn, 29 Mo. App. 14; Keinv. School List,, 42 Mo. App. 462; Si. Louis v. Lumber Co., 42 Mo. App. 586; St. Louis v. Lumber Co., 114 Mo.…
1Opinion of the CourtBurgess, J.
This case was appealed from the circuit court of Harrison county to the Kansas City Court of Appeals where the judgment was affirmed, but thereafter the case was certified to this court by the court of appeals, upon the ground that one of the judges of that court was of the opinion that the decision is in conflict with the decision of this court in the case of St. Louis Public Schools v. Woods, 77 Mo. 197.
This is an action upon a bond executed by the defendant Howard as principal, and defendants Yandivert and Phillips as his securities to the city of Bethany, Missouri. On the eighteenth day…
2Cases cited9 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Lyman v. City of LincolnNebraska Supreme Court · 1894
- Kaufmann v. CooperNebraska Supreme Court · 1896
- Rogers v. GosnellSupreme Court of Missouri · 1875
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3Cited by42 opinions
- Freigy v. Gargaro Company, Inc.Indiana Supreme Court · 1945
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- Crone v. StindeSupreme Court of Missouri · 1900
- Smith v. BowmanUtah Supreme Court · 1907
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