John O'Brien Boiler Works Co. v. Haydock
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. (1) The work and labor done and materials furnished by respondent1 were not used in the erection of the building already on the ground when Haydock took the lease; nor were they afterward connected therewith so as to become a part of the building, and to go and pass with it as a constituent part thereof. Hence there can be no lien on the building, nor the leasehold estate.
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Appeal from the St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. (1) The work and labor done and materials furnished by respondent1 were not used in the erection of the building already on the ground when Haydock took the lease; nor were they afterward connected therewith so as to become a part of the building, and to go and pass with it as a constituent part thereof. Hence there can be no lien on the building, nor the leasehold estate. Richardson v. Koch, 81 Mo. 264; Collins v. Mott, 45 Mo. 100; Haeussler v. Glass Co., 52 Mo. 452. Graves v. Pierce, 53 Mo. 423; McMahon v. Vickery,…
1Opinion of the CourtRombauer, P. J.
The only question presented by this appeal is whether, under the facts shown by the evidence, the plaintiff is entitled to a mechanic’s lien against the leasehold interest owned by the defendant Haydoek in the property hereinafter described. The trial court decided that the plaintiff was entitled to such lien, and from this ruling the Merchants and Manufacturer’s Railroad and Warehouse Company, which was the lessor of Haydoek and was and still is the owner of the premises, appeals. The contention made by the appellant is two fold: First, that the work done was not of a lienable character as…
2Cases cited11 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Nelson v. WithrowMissouri Court of Appeals · 1883
- Eppright v. KauffmanSupreme Court of Missouri · 1886
- Richardson v. KochSupreme Court of Missouri · 1883
- Gauss v. HussmannMissouri Court of Appeals · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Masterson v. RobertsSupreme Court of Missouri · 1934
- Joplin Supply Co. v. WestMissouri Court of Appeals · 1910
- Wycoff v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1910
- Hayden Slate Co. v. National Cornice & Iron Co.Missouri Court of Appeals · 1895
6 more not listed; retrieve them via the Exa API.