Ittner v. Hughes
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisheb, Judge. (1) The appellant was entitled to a nonsuit. Plaintiff had joined in one notice, lien and petition, and in the same count in the petition, demands arising out of separate contracts, and between different parties, viz.: One contract (written), between Delaney Brothers and Hughes for the brick work, and an entirely separate and distinct contract (oral or implied), between Delaney Brothers and the appellant,…
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisheb, Judge. (1) The appellant was entitled to a nonsuit. Plaintiff had joined in one notice, lien and petition, and in the same count in the petition, demands arising out of separate contracts, and between different parties, viz.: One contract (written), between Delaney Brothers and Hughes for the brick work, and an entirely separate and distinct contract (oral or implied), between Delaney Brothers and the appellant, the Blackmer & Post Pipe Company. This rendered the whole lien void. O’Connor v. Railroad, 111 Mo. 194; Livermore v.…
1Opinion of the CourtBarclay, J.
This action was begun, May 3, 1893, to enforce a mechanics’ lien against certain land in the city of St. Louis, and to obtain judgment against the chief contractor for the work for which the lien is claimed. At the trial á verdict for defendant, the landowner, was returned on the issue of the lien.
Plaintiff moved for a new trial, which the learned trial judge granted. The defendant, in whose favor the verdict had been given, appealed, in the usual way.
» The plaintiff sues as assignee of an account in favor of the Delaney brothers who were subcontractors *684for work upon a large building owned by…
2Cases cited6 opinions
- Bradley v. ReppellSupreme Court of Missouri · 1896
- Grace v. NesbittSupreme Court of Missouri · 1891
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
- McDermott v. ClaasSupreme Court of Missouri · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Mueller v. SchienSupreme Court of Missouri · 1943
- Herrman v. DaffinMissouri Court of Appeals · 1957
- Clark v. Quality Dairy CompanySupreme Court of Missouri · 1966
34 more not listed; retrieve them via the Exa API.