Shouse v. Neiswaanger
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. John K. Cravens, Special Judge. Statement of case by tbe court. This is an action to enforce a mechanic’s, or material man’s lien, and a claim of damages by defendants for failure on the part of plaintiff to deliver the material according to contract. There is no controversy as to the regularity of the steps taken to secure the lien.
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Appeal from Jackson Circuit Court, Hon. John K. Cravens, Special Judge. Statement of case by tbe court. This is an action to enforce a mechanic’s, or material man’s lien, and a claim of damages by defendants for failure on the part of plaintiff to deliver the material according to contract. There is no controversy as to the regularity of the steps taken to secure the lien. The whole controversy is as to the' matter of the damages claimed by defendants,- David and George G. Neiswaanger. Their answer, after tendering the general issue, set up that, on or about the first day of October, 1879,…
1Opinion of the Court
Opinion by
Philips, P. J.
There are two questions presented by. this appeal which are of controlling importance. They are, first, admitting the truth of defendants’ evidence, were they entitled to recoup any damages for the failure of plaintiff to deliver the lumber at the time agreed upon; and second, were they entitled to recover more than nominal damages ?
1. It is conceded, in argument by plaintiff’s counsel, that there was evidence tending to show that plaintiff agreed to furnish the lumber on or about the 15th of October, 1879. It is also conceded by the instruction, that if plaintiff made…
2Cases cited8 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Dermott v. JonesSupreme Court of the United States · 1865
- Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
- Clark v. MooreMichigan Supreme Court · 1853
- Marsh v. RichardsSupreme Court of Missouri · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Minneapolis Threshing MacHine Co. v. BradfordMissouri Court of Appeals · 1921
- Wall v. St. Joseph Artesian Ice & Cold Storage Co.Missouri Court of Appeals · 1905
- Wheeling Mold & Foundry Co. v. Wheeling Steel & Iron Co.West Virginia Supreme Court · 1905
- Wilt v. HammondMissouri Court of Appeals · 1914
- W. F. Wilson & Son v. RusslerMissouri Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.