Carthage Marble & White Lime Co. v. Bauman
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Lesov B.' Valliant, Judge. (1) A husband has no power, as such, by a building contract to create a liability of his wife’s legal estate to a mechanic’s lien. Mere knowledge or approbation on her part, or even directions and suggestions as to the work during its progress, do not amount to either an appointment of him as her agent or an adoption or ratification of his contract.
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Appeal from the St. Louis City Circuit Court. — Hon. Lesov B.' Valliant, Judge. (1) A husband has no power, as such, by a building contract to create a liability of his wife’s legal estate to a mechanic’s lien. Mere knowledge or approbation on her part, or even directions and suggestions as to the work during its progress, do not amount to either an appointment of him as her agent or an adoption or ratification of his contract. Nor will the fact that the building is to be used as a residence for the wife raise the presumption of authority on his part. Gcvrnett v. Berry, 3 Mo. App. 197; Hughes…
1Opinion of the CourtBiggs, J.
The plaintiff seeks to enforce a mechanics’ lien against a building and lot belonging to the defendant, Miriam Bauman, who is the wife of her codefendant, Meyer Bauman. This is the second appeal. (44 Mo. App. 386.)
The plaintiff claims to have furnished the stone for building the house in controversy under a contract with one Bornsehein. On the first trial the plaintiff was compelled to submit to a nonsuit as to the lien, the court being of' the opinion that it had failed to introduce any substantial evidence that the work done by Bornsehein was done under a contract with Mrs. Bauman.…
2Cases cited7 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Eswin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Steinkamper v. McManusMissouri Court of Appeals · 1887
- Carthage Marble & White-Lime Co. v. BaumanMissouri Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- R. D. Kurtz, Inc. v. FieldMissouri Court of Appeals · 1929
- Christopher & Simpson Architectural Iron & Foundry Co. v. KellyMissouri Court of Appeals · 1901
- McDonnell v. NicholsonMissouri Court of Appeals · 1896
- Clark Williams Realty Co. v. BriggsMissouri Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.