Boland v. Webster
| Decision Date | 04 November 1907 |
| Citation | 105 S.W. 34,126 Mo. App. 591 |
| Parties | BOLAND v. WEBSTER et al. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Boone County; A. H. Waller, Judge.
Action by John Boland against Fred L. Webster and another. From a judgment for plaintiff, defendant R. H. Baldridge appeals. Reversed and remanded.
T. J. Tydings and E. W. Hinton, for appellant. F. G. Harris and Arthur Bruton, for respondent.
Action to enforce a mechanic's lien brought by a subcontractor. A jury was waived, and the learned trial judge, after hearing the evidence, found the issues in favor of plaintiff, and rendered judgment for the enforcement of the lien. Defendant Baldridge, the owner of the property, appealed. He assigns a number of grounds for a reversal of the judgment, all of which, with one exception, are untenable.
The facts constitutive of the cause of action are sufficiently alleged in the petition, and the finding that the statement for the lien was filed in the time prescribed by the statute is supported by substantial evidence, but the cause must be remanded on the ground, properly preserved in the record, that plaintiff, in failing to offer in evidence the statement thus filed, omitted to prove a fact essential to his right to a lien. It appears that he did prove by competent evidence the date of the filing of the lien paper in the office of the circuit clerk, and that he offered in evidence the account appearing in that instrument, but for some reason not disclosed did not offer any other portion of the instrument, and consequently the record is barren of proof tending to show a substantial compliance with the provisions of section 4207, Rev. St. 1899 [Ann. St. 1906, p. 2290]. It is there provided that the claimant shall "file with the clerk of the circuit court of the proper county a just and true account of the demand due him or them after all just credits have been...
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Moller-Vandenboom Lbr. Co. v. Boudreau
...burden to establish its right under the statute to the lien. Joplin Supply Co. v. West, 149 Mo. App. 78, 130 S.W. 156; Boland v. Webster et al., 126 Mo. App. 591; Landers Lumber & Cement Co. v. Short, 37 S.W. (2d) 981 (Mo. App.). (5) A mechanic's lien cannot be established on a parol claim,......
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Moller-Vandenboom Lumber Co. v. Boudreau
...burden to establish its right under the statute to the lien. Joplin Supply Co. v. West, 149 Mo.App. 78, 130 S.W. 156; Boland v. Webster et al., 126 Mo.App. 591; Landers Lumber & Cement Co. v. Short, 37 S.W.2d (Mo. App.). (5) A mechanic's lien cannot be established on a parol claim, but is l......
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Rust Sash & Door Co. v. Bryant
...was an account stated, as pleadings do not prove themselves. Crane Co. v. Smith, 187 Mo.App. 259, 261, 173 S.W. 691; Boland v. Webster, 126 Mo. App. 591, 105 S.W. 34; Landers Lbr. Co. v. Short, 225 Mo.App. 416, 37 S.W.2d 981; Roland v. Gassman, Mo.App., 41 S.W.2d 198, An inference arises fr......
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Rust Sash & Door Co. v. Bryant
...... not prove themselves. (The Crane Co. v. Smith, 187. Mo.App. 259, 261, 173 S.W. 691; Boland v. Webster,. 126 Mo.App. 591, 105 S.W. 34; Landers Lbr. Co. v. Short, 225 Mo.App. 416, 37 S.W.2d 981, Roland v. Gassman, 41 S.W.2d 198, 200.). . ......