Legal Opinion

Schulenberg v. Prairie Home Institute

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 15 opinions

Appeal from Cooper Circuit Court.—-Hon. George W. Millee, Judge. In addition to the facts which appear in the opinion of the court, it may be stated that the principal contractors, under whom defendant Ross had the sub-contract, filed a separate answer, in which they alleged that “ more than four months h.ad elapsed from the sale to Ross by plaintiffs ■of the material used in said building, before the lien was filed.”

1Opinion of the CourtHough, J.

This was a suit to enforce a mechanics’ lien *296for certain lumber furnished by the plaintiffs, under a contract with the defendant Ross, who was a sub-contractor, to be used in the erection of a building, for the Prairie Home Institute. The petition stated all the facts necessary to give a lien, and among them that the lumber was used in the construction of said building. The defendant Ross made default. The answer of the Prairie Home Institute was framed under the act of March 18, 1875 (acts 1875, p. 106), and was a general denial of any knowledge or information sufficient to form a belief as…

2Cited by15 opinions

  1. Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
  2. Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
  3. Deardorff v. EverharttSupreme Court of Missouri · 1881
  4. E. R. Darlington Lumber Co. v. Westlake Construction Co.Missouri Court of Appeals · 1911
  5. Rogers-Templeton Lumber Co. v. WelchMontana Supreme Court · 1919

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