Dierks & Sons Lumber Co. v. Morris
Missouri Court of Appeals
Appeal from. Jackson Circuit Court. — Hon. Thos. J. Seehorn, Judge. (1) The court should have sustained the lien claimed by plaintiff against the freehold interest of respondent Helen O. Orear, because under the lease Helen O. Orear required the improvements, into which the materials furnished by appellant entered, to be made, and constituted the lessee, Comet Realty Company, her agent to make the said improvements. Dougherty-Moss Lbr. Co. v. Churchill, 114 Mo.
Read the full summary
Appeal from. Jackson Circuit Court. — Hon. Thos. J. Seehorn, Judge. (1) The court should have sustained the lien claimed by plaintiff against the freehold interest of respondent Helen O. Orear, because under the lease Helen O. Orear required the improvements, into which the materials furnished by appellant entered, to be made, and constituted the lessee, Comet Realty Company, her agent to make the said improvements. Dougherty-Moss Lbr. Co. v. Churchill, 114 Mo. App. 578; Curtin & Clark Hdw. Co. v. Churchill, 126 Mo. App. 462. (1) Statutes provide the remedy and extent of a mechanic’s lien on…
1Opinion of the Court
TRIMBLE, J. —
Suit for the enforcement of a mechanic’s lien against a building and the lot on which it stands. Defendant Helen O. Orear owns the fee subject to a ninety-nine year lease given by her to the Comet Realty Company, which lease was duly recorded prior to the furnishing of the materials for which the lien is sought.
The only question involved is whether or not plaintiff is entitled to a lien against the freehold interest. The trial court rendered a general judgment *214against Morris & Kemp, the contractors, for $801.25, the balance dne on the account, and made the judgment a lien against…
2Cases cited9 opinions
- Carey-Lombard Lumber Co. v. JonesIllinois Supreme Court · 1900
- Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
- Crandall v. SorgIllinois Supreme Court · 1902
- Curtin-Clark Hardware Co. v. ChurchillMissouri Court of Appeals · 1907
- Cornell v. . BarneyNew York Court of Appeals · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Utley v. WearMissouri Court of Appeals · 1960
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Interiors Contracting Inc. v. NavalcoUtah Supreme Court · 1982
- Oregon Lumber & Fuel Co. v. NolanOregon Supreme Court · 1914
- Jordan v. Natrona Lumber Co.Wyoming Supreme Court · 1938
10 more not listed; retrieve them via the Exa API.