Campbell Glass & Paint Co. v. Davis-Page Planing Mill Co.

Decision Date04 May 1908
Citation110 S.W. 24,130 Mo. App. 474
CourtMissouri Court of Appeals
PartiesCAMPBELL GLASS & PAINT CO. v. DAVIS-PAGE PLANING MILL CO. et al.

Appeal from Circuit Court, Jackson County; Frank P. Walsh, Special Judge.

Action by the Campbell Glass & Paint Company against the Davis-Page Planing Mill Company and others. Judgment for plaintiff. Defendants appeal. Affirmed.

J. C. Petherbridge, for appellants. Karnes, New & Krauthoff and John N. Davis, for appellee.

BROADDUS, P. J.

This is a suit to enforce a mechanic's lien on certain real property situated in Kansas City, Mo., for furnishing glass that went into a building erected thereon to the extent of $730. The defendant Raymond Du Pay was the owner of the building at the time the material was furnished. The defendants Pinare & Tarry were the original contractors. The defendants the Davis-Page Planing Mill Company had a subcontract with the original contractors to furnish the millwork and the glass for the building, while in turn they let the contract to the plaintiff to furnish the glass. The plaintiff furnished the glass during the latter part of December, 1905, and in January, 1906. At the same time they were furnishing glass to the Davis-Page Company, who were engaged on a number of other contracts. The general contractors, Pinare & Tarry, paid the Davis-Page Company on February 2, 1906, $674.40, the balance which they owed them, and on the same day the latter turned over $500 of that money to the plaintiff. The plaintiff during the progress of the work received from the Davis-Page Company various sums of money, viz.: On December 28, 1905, $300; on January 13, 1906, $300; on February 2d, $500; and on February 24th, $554.94 — in the aggregate $1,654.94. Thereafter the Davis-Page Company went into bankruptcy, owing the plaintiff $1,461.91 for material furnished on various contracts, including a part of the one in question. At the trial the court refused to permit the original contractors, Pinare & Tarry, to show that the $500 payment made by the Davis-Page Company on February 2, 1906, was money which came from Pinare & Tarry on the contract they had for the building on Grand avenue upon which it was seeking to enforce its lien. When the $500 was paid by the Davis-Page Company the plaintiff credited that company on the part of its indebtedness then due, which included no part of the debt in controversy. There was no direction from the latter to apply it on any particular indebtedness. The debt sued on was a specific charge against the Grand avenue building. The court gave specific instruction that the jury return a verdict for $730, with interest, and they find that the plaintiff is entitled to enforce its lien against the real estate described. The jury returned a verdict in accordance with the instructions, upon which judgment was rendered, from which defendants appealed.

The contention of the appellants is that, as plaintiff mixed the money received from all the different contracts and kept no separate account of each job as to...

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13 cases
  • H.B. Deal & Co. v. Hamilton-Brown Shoe Co.
    • United States
    • Missouri Supreme Court
    • 26 Febrero 1942
    ... ... depends upon the circumstances. Planing Mill Co. v ... Allison, 138 Mo. l. c. 50. (4) ... 179, 138 S.W. 690; Campbell Glass, etc., Co. v ... Davis-Page Planing Mill ... ...
  • Short v. White
    • United States
    • Kansas Court of Appeals
    • 20 Noviembre 1939
    ... ... 483, l. c ... 489; Campbell Glass & Paint Co. v. Davis-Page Planing ... Mill ... ...
  • Herrman v. Daffin
    • United States
    • Missouri Court of Appeals
    • 9 Mayo 1957
    ... ... In Campbell Glass & Paint Co. v. Davis-Page Planing Mill Co., ... ...
  • Washington v. State
    • United States
    • Arkansas Supreme Court
    • 5 Abril 1948
  • Request a trial to view additional results

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