Darlington Lumber Co. v. Harris
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Eon. J. W. Mc-ElMnney, Judge. There is no substantial evidence showing that the lumber was actually delivered to the house or used in its construction. Lumber Co. v. Cravens, 54 Mo.
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Appeal from St. Louis Circuit Court. — Eon. J. W. Mc-ElMnney, Judge. There is no substantial evidence showing that the lumber was actually delivered to the house or used in its construction. Lumber Co. v. Cravens, 54 Mo. App. 216. To entitle a materialman to a lien, who has furnished a contractor for a building, for the value of such material, it is as essential that he file his lien account within four months from the accruing of the account, as it is to prove that he furnished the material, and that it went into the construction of the building. Coal Oo. v. Ryan, 48 Mo. App. 512;…
1Opinion of the CourtGoode, J.
Action to enforce a lien for materials. E. P. Taylor agreed as original contractor to build a residence for Berney Harris in the city of Webster Groves. The lumber for the house was purchased by Taylor from the Darlington Lumber Company, but most of it was never paid for; so the lumber company filed a lien against the property, brought this action to enforce it and obtained judgment for $645.56.
One point made against the judgment is that the evidence was insufficient to prove the different articles of lumber listed in the lien were used in the construction of the house. It was shown wagons…
2Cases cited18 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Livermore v. WrighSupreme Court of Missouri · 1862
- Fitzgerald v. ThomasSupreme Court of Missouri · 1876
- Miller v. HoffmanMissouri Court of Appeals · 1887
- Kearney v. WurdemanMissouri Court of Appeals · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
- EC Robinson Lumber Company v. LowreyMissouri Court of Appeals · 1955
- E. R. Darlington Lumber Co. v. James T. Smith Building Co.Missouri Court of Appeals · 1908
- Unit Sash & Sales Co. v. EarlySupreme Court of Kansas · 1925
- Boyer Lumber, Inc. v. BlairMissouri Court of Appeals · 1974
15 more not listed; retrieve them via the Exa API.