Westport Lumber Co. v. Harris
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thos. H. Reynolds, Special Judge. (1) The foundation of the right to a mechanic’s lien is the existence of a contract for work and materials with the owner or proprietor of the property to he charged, or with his agent, trustee, contractor, or subcontractor. R. S. 1899; sec. 4203; Hause v. Thompson, 36 Mo. 450; Hause v. Carroll, 37 Mo. 578; Lumber Co. y. Stepp, 157 Mo. 366; Wilson v. Lubke, 176 Mo. 210; Garrett v. Berry, 3 Mo.
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Appeal from Jackson Circuit Court. — Hon. Thos. H. Reynolds, Special Judge. (1) The foundation of the right to a mechanic’s lien is the existence of a contract for work and materials with the owner or proprietor of the property to he charged, or with his agent, trustee, contractor, or subcontractor. R. S. 1899; sec. 4203; Hause v. Thompson, 36 Mo. 450; Hause v. Carroll, 37 Mo. 578; Lumber Co. y. Stepp, 157 Mo. 366; Wilson v. Lubke, 176 Mo. 210; Garrett v. Berry, 3 Mo. App. 197; Barker v. Berry, 8 Mo. App. 446; Planing Mill y. Brundage, 25 Mo. App. 286; Duross v. Broderick, 78 Mo. App. 260;…
1Opinion of the CourtJohnson, J.
Action to enforce a mechanic’s lien. Material facts disclosed by the evidence are as follows: Emma Porter Hall owned lot 12 in block 6 of Hill Orest, an addition to Kansas City, and orally agreed with her son, Porter T.- Hall, and her daughter, Mrs. Allen Logan, that they might build a dwelling house on the lot at their own cost, sell the property after the completion of the house, and pay her seventeen hundred and fifty dollars (the agreed value of the lot) out of the proceeds of the sale, retaining for themselves the remainder of the proceeds. Porter T. Hall testified:
“Q. You took…
2Cases cited9 opinions
- Curtin-Clark Hardware Co. v. ChurchillMissouri Court of Appeals · 1907
- O'Leary v. RoeMissouri Court of Appeals · 1891
- Jodd v. DuncanMissouri Court of Appeals · 1880
- Wilson v. LubkeSupreme Court of Missouri · 1903
- Maupin v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Joplin Supply Co. v. WestMissouri Court of Appeals · 1910
- Schoeneman Lumber Co. v. DavisSupreme Court of Iowa · 1925
- McGuinn v. Federated Mines & Milling Co.Missouri Court of Appeals · 1911
- Lee & Boutell Co. v. C. A. Brockett Cement Co.Supreme Court of Missouri · 1937
6 more not listed; retrieve them via the Exa API.