Legal Opinion

Badger Lumber Co. v. W. F. Lyons Ice & Power Co.

Missouri Court of Appeals

Decided October 6, 1913PublishedCited by 9 opinions

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

  1. Bruns v. BraunMissouri Court of Appeals · 1889
  2. Darlington Lumber Co. v. HarrisMissouri Court of Appeals · 1904
  3. E. R. Darlington Lumber Co. v. James T. Smith Building Co.Missouri Court of Appeals · 1908
  4. Page v. BettesMissouri Court of Appeals · 1885
  5. Cole v. BarronMissouri Court of Appeals · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. 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
  2. JR Meade Co. v. Forward Construction CompanyMissouri Court of Appeals · 1975
  3. Trout's Investments, Inc. v. DavisMissouri Court of Appeals · 1972
  4. A. E. Birk & Son Plumbing & Heating, Inc. v. Malan Construction Co.Missouri Court of Appeals · 1977
  5. Midwest Floor Co. v. Miceli Development Co.Missouri Court of Appeals · 2009

4 more not listed; retrieve them via the Exa API.

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