Kearney v. Wurdeman
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. . The court erred, in overruling appellants’ objection to the admission of the mechanic’s lien in evidence for the reasons that it Fas too indefinite and uncertain, not properly itemized, and that the work was not separated from the materials ; that It did not separate the different divisions of the plastering so as to enable one to-ascertain whether any part of it was correct, without first…
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. . The court erred, in overruling appellants’ objection to the admission of the mechanic’s lien in evidence for the reasons that it Fas too indefinite and uncertain, not properly itemized, and that the work was not separated from the materials ; that It did not separate the different divisions of the plastering so as to enable one to-ascertain whether any part of it was correct, without first taking the measurements of all of the rooms, closets,, etc., in the building, nor did such lien give the measurements of any…
1Opinion of the CourtThompson, J.
This action was brought by a firm of contractors against the owner of certain property. and against the trustees and beneficiaries in certain deeds of trust thereon to enforce a mechanic’s lien against the property and to procure an adjudication establishing it as a lien prior to the lien of the deeds of trust. The petition is framed on the theory of establishing the value of the work done, on the principle of a quantum meruit. The answer was a general denial. After the issue had been thus made up, the death of the principal defendant, the owner of the property, was suggested, and the action…
2Cases cited4 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Livermore v. WrighSupreme Court of Missouri · 1862
- Johnson v. Barnes & Morrison Building Co.Missouri Court of Appeals · 1886
- Henry v. MahoneMissouri Court of Appeals · 1886
3Cited by15 opinions
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.Supreme Court of Missouri · 1899
- Helena Steam-Heating & Supply Co v. WellsMontana Supreme Court · 1895
10 more not listed; retrieve them via the Exa API.