E. R. Darlington Lumber Co. v. Pottinger
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.- — Hon. Hugo Muench, Judge. (1) The court erred in refusing to grant instruction No. 1 prayed for by plaintiff. Revised Statutes 1899, section 4213; Lumber Co. v. Roeder, 81 Mo. App. 337. (2) The court erred in refusing to grant instruction No. 2 prayed for by plaintiff. (3) The court erred in granting instruction No. 1 prayed for by defendant, Doering.
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Appeal from St. Louis City Circuit Court.- — Hon. Hugo Muench, Judge. (1) The court erred in refusing to grant instruction No. 1 prayed for by plaintiff. Revised Statutes 1899, section 4213; Lumber Co. v. Roeder, 81 Mo. App. 337. (2) The court erred in refusing to grant instruction No. 2 prayed for by plaintiff. (3) The court erred in granting instruction No. 1 prayed for by defendant, Doering. Revised Statutes 1899; section 4213 • Johnson v. Building Co., 23 Mo. 546; Schroeder v. Mueller, 33 Mo. App. 28; Fuller v. Hoffman, 28 Mo. App. 671; Schulenburg v. Strimple, 33 Mo. App. 154; Allen v.…
1Opinion of the CourtReynolds, P. J.
This is an action by the materialman to recover a claim for $297.35 for material furnished the contractor who erected a building on a lot in the city of St. Louis, the material to be used in that building, and to have that claim declared a lien on the premises owned by or in which the defendants, other than Pottinger, the contractor, have an interest. The jury returned a verdict in favor of plaintiff against the contractor for the debt but denied the lien. After an unsuccessful motion for a new trial and judgment following the verdict, paintiff has duly perfected its appeal to this court.
It…
2Cases cited10 opinions
- E. R. Darlington Lumber Co. v. Westlake Construction Co.Missouri Court of Appeals · 1911
- Badger Lumber Co. v. SteppSupreme Court of Missouri · 1900
- Hydraulic Press Brick Co. v. McTaggartMissouri Court of Appeals · 1898
- Eau Claire-St. Louis Lumber Co. v. WrightMissouri Court of Appeals · 1899
- Fletcher, Crowell Co. v. ChevalierSupreme Judicial Court of Maine · 1911
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3Cited by5 opinions
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- Trilogy Development Co. v. BB Syndication Services, Inc.United States Bankruptcy Court, W.D. Missouri · 2011
- Kansas City Pump Co. v. VroomanMissouri Court of Appeals · 1913