Hause v. Thompson
Supreme Court of Missouri
Error to St. Louis Land Court. Thompson purchased lumber from Bridwell & Grabb, in payment of which he accepted orders payable in brick. To satisfy his debt, he purchased brick of Hause, the plaintiff, which were delivered at the buildings erected by Bridwell & Grabb for the defendant Brolaski. Thompson not having paid the plaintiff, he filed his lien, which he sought to enforce by this suit. Thompson was served by publication, and failed to answer.
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Error to St. Louis Land Court. Thompson purchased lumber from Bridwell & Grabb, in payment of which he accepted orders payable in brick. To satisfy his debt, he purchased brick of Hause, the plaintiff, which were delivered at the buildings erected by Bridwell & Grabb for the defendant Brolaski. Thompson not having paid the plaintiff, he filed his lien, which he sought to enforce by this suit. Thompson was served by publication, and failed to answer. The other defendants answered, denying any contract with the plaintiff for the purchase and delivery of the brick. At the instance of the…
1Opinion of the CourtWagner, Judge
The instructions given by the court stated the law correctly as applicable to the case made by the pleadings and the evidence, and we see no reason for disturbing the ver‘dict rendered on the issue presented.
The record shows that Thompson bought the materials und received them, and the judgment will be reversed and remanded as to him, with leave to the plaintiff to amend his petition and pursue his remedy against Thompson if he sees proper, and affirmed as fq the other defendants.
The other judges concur.
2Cited by4 opinions
- Graves v. PierceSupreme Court of Missouri · 1873
- Hause v. CarrollSupreme Court of Missouri · 1866
- E. R. Darlington Lumber Co. v. PottingerMissouri Court of Appeals · 1912
- Duross v. BroderickMissouri Court of Appeals · 1899