Carroll Contracting Co. v. Newsome
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Glendy B. Arnold, Judge. The term “improvement” as used in section 8212, R. S. 1909, is synonymous with “building” and does not include engines and boilers.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Glendy B. Arnold, Judge. The term “improvement” as used in section 8212, R. S. 1909, is synonymous with “building” and does not include engines and boilers. Collins & Holliday v. Mott, 45 Mo. 100, 1. c. 102. An improvement is something attached to the property and not the property being turned over or moved, but must be some absolute physical attachment to, and something which fastens itself to and becomes ^ part of the land, thereby enhancing the value of the property. Richardson v. Koch et al., 81 Mo. 264; Springfield Fdry &…
1Opinion of the CourtReynolds, P. J.
— Plaintiff, respondent here, brought his action against one Newsome for certain excavation work done in the cellar or basement of a *123building proposed to be erected in the city of St. Louis, and to establish a mechanic’s lien against the owner of the land, Merchants & Consumers Market House Association, the latter hereafter referred to as the Market House Association. His petition is in two counts. The first is on quantum meruit, the second on contract. The .amount claimed under each is $4672.42.
At a trial before the court, a jury having been waived, the court found for plaintiff against the…
2Cases cited11 opinions
- Ward v. NoldeSupreme Court of Missouri · 1914
- Edgar v. SalisburySupreme Court of Missouri · 1852
- Nelson v. WithrowMissouri Court of Appeals · 1883
- Powers & Boyd Cornice & Roofing Co. v. MuirMissouri Court of Appeals · 1909
- O'Connor v. Current River RailroadSupreme Court of Missouri · 1892
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3Cited by4 opinions
- Bybee v. DixonMissouri Court of Appeals · 1964
- B.N. Excavating, Inc. v. PBC Hollow-A, L.P.Superior Court of Pennsylvania · 2013
- Concrete Engineering Co. v. Grande Building Co.Missouri Court of Appeals · 1936
- Leach v. BoppMissouri Court of Appeals · 1929