Badger Lumber Co. v. W. F. Lyons Ice & Power Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Waller A. Poivell, Judge.
1Opinion of the CourtTrimble, J.
Suit to enforce a mechanic’s lien for lumber and materials sold by appellant to the W. F. Lyons Ice & Power Company for the purpose of, and used in, constructing an ice manufacturing and meat packing plant. A jury was waived and the case was tried by the court. Appellant obtained judgment for $2918.45 on the account sued on, but was denied a lien.
It is clear, from the finding of facts preserved in the record, that the only reason a lien was refused was because the court thought the last two items in the account were sold under a different contract from that under which the rest were sold. If…
2Cases cited7 opinions
- Bruns v. BraunMissouri Court of Appeals · 1889
- Darlington Lumber Co. v. HarrisMissouri Court of Appeals · 1904
- E. R. Darlington Lumber Co. v. James T. Smith Building Co.Missouri Court of Appeals · 1908
- Page v. BettesMissouri Court of Appeals · 1885
- Cole v. BarronMissouri Court of Appeals · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Continental Casualty Company, Inc. v. Allsop Lumber Company, Inc., Allsop Lumber Company, Inc. v. Continental Casualty Company, Inc.Court of Appeals for the Eighth Circuit · 1964
- JR Meade Co. v. Forward Construction CompanyMissouri Court of Appeals · 1975
- Trout's Investments, Inc. v. DavisMissouri Court of Appeals · 1972
- A. E. Birk & Son Plumbing & Heating, Inc. v. Malan Construction Co.Missouri Court of Appeals · 1977
- Midwest Floor Co. v. Miceli Development Co.Missouri Court of Appeals · 2009
4 more not listed; retrieve them via the Exa API.