Doyle v. Wurdeman
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The plaintiff, in his petition, attempts to set out a case of proceeding under the statute of 1885 (Sess. Acts, p. 202), that is, on the theory of a wall measurement of the brick; he calls it “brick measurer’s measurement.”
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Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The plaintiff, in his petition, attempts to set out a case of proceeding under the statute of 1885 (Sess. Acts, p. 202), that is, on the theory of a wall measurement of the brick; he calls it “brick measurer’s measurement.” Our first contention is that there was a departure, and variance, amounting to a failure of proof between the pleading and the evidence in this': — That the lien as filed showed or described no such method or idea of measurement; and the evidence as to ‘ ‘ merchantable brick,” the terms used in…
1Opinion of the CourtThompson, J.
This action was brought against the defendant, Raeman, as the owner of a certain lot of ground in the city of St. Louis, and against the defendant, O’ Reilly, as trustee and the defendant, Howard, as the beneficiary in a certain deed of trust thereon, to recover of the owner the contract price of certain brick work done by the plaintiff in building the house on said lot, and to enforce a mechanic’s lien therefor against the property. *333The defendant Raeman had become a non-resident, and publication was had as against him. He died after the commencement of the action, and the action was revived…
2Cases cited1 opinion
- McLaughlin v. SchawackerMissouri Court of Appeals · 1888
3Cited by4 opinions
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Hance v. Wabash Western Railway Co.Missouri Court of Appeals · 1894
- Brockmeier v. DetteMissouri Court of Appeals · 1894
- Dengler v. AuerMissouri Court of Appeals · 1893