Hydraulic Press Brick Co. v. Weidner
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron■ Franklin Ferris, Judge. The court erred in overruling defendant’s objections to the admission of any evidence under the petition, being in the nature of a demurrer to the petition, because the petition failed to describe the nature, size or character of the structure in which it was claimed the brick sued for were used, and did not describe any structure or improvement whatever, but only described the ground, hence did not…
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Appeal from St. Louis City Circuit Court. — Ron■ Franklin Ferris, Judge. The court erred in overruling defendant’s objections to the admission of any evidence under the petition, being in the nature of a demurrer to the petition, because the petition failed to describe the nature, size or character of the structure in which it was claimed the brick sued for were used, and did not describe any structure or improvement whatever, but only described the ground, hence did not state facts sufficient to constitute a cause of action as against any of the defendants. The law requires a description of…
1Opinion of the CourtBland, P. J.
The plaintiff by its suit sought to recover a personal judgment against Anton J. Weidner, a subcontractor, for $80.75 for brick alleged to have been sold and delivered to him and used for buildings and improvements situated on MeRee avenue in the city of St. Louis. The land or lot upon which the buildings and improvements are situated is described by metes and bounds and is alleged to be the property of Henry W. Sehlingmann. It is alleged that the improvements were made by one Henry Warmann as original contractor, and a mechanics’ lien was sought to be established against the premises for the…
2Cases cited2 opinions
- Bradish v. JamesSupreme Court of Missouri · 1884
- Fairbanks, Marsh & Co. v. Crescent Elevator Co.Missouri Court of Appeals · 1893
3Cited by1 opinion
- Gem State Lumber Co. v. CameronIdaho Supreme Court · 1927