Kansas City Structural Steel Co. v. Athletic Bldg. Ass'n

• Decision Date: 03 March 1923
• Docket Number: No. 23390.,23390.
• Citation: 249 S.W. 922,297 Mo. 615
• Parties: KANSAS CITY STRUCTURAL STEEL CO. v. ATHLETIC BLDG. ASS'N et al.
• Court: Missouri Supreme Court

249 S.W. 922

297 Mo. 615

KANSAS CITY STRUCTURAL STEEL CO. v. ATHLETIC BLDG. ASS'N et al.

No. 23390.

Supreme Court of Missouri, in Banc.

March 3, 1923.

Motion for Rehearing Denied April 2, 1923.

Appeal from Circuit Court, Jackson County; Samuel A. Dew, Judge.

Action by the Kansas City Structural Steel Company against the Athletic Building Association and others. From the judgment as to codefendants, Swenson Construction Company and the Flour City Ornamental Iron Company, both codefendants appeal. General decree reversed as to iron company's cross-petition, with instructions to re-enter decree as modified.

H. E. Colvin and Clyde Taylor, both of Kansas City, for Swenson Const. Co.

Davis & Woodruff, of Kansas City, for Flour City Ornamental Iron Co.

RAGLAND, J.

The Swenson Construction Company, hereinafter called the construction company, and the Flour. City Ornamental Iron Company, which will be referred to as the iron company, are codefendants in a proceeding under the statute to establish and enforce numerous mechanics' and materialmen's liens against a certain parcel of land In Kansas City and the improvements thereon. With respect to their relation to each other and to the making of the improvements which give rise to the lion claims sought to be established, the construction company and the iron company are original contractor and subcontractor respectively. This appeal has to do solely with questions growing out of the trial of the issues between them.

The cross-petition of the iron company, in so far as it stated a cause of action upon which a personal judgment only could be rendered, was as follows:

"That thereafter defendant Swenson Construction Company entered into a contract with this defendant the Flour City Ornamental Iron Company, whereby it engaged and employed this defendant to manufacture and furnish a large amount of ornamental iron and bronze and other building materials and supplies for and to be used and employed in the erection and construction of said business and club building upon the real estate above described, and to do and perform the necessary work and labor of forming and fabricating said iron and bronze into condition for use in such building; that said contract between Swenson Construction Company and this defendant was made on or about the 29th day of September, 1919, and that thereafter and pursuant to said contract, this defendant sold, manufactured, and furnished a large amount of building materials and supplies, and did and performed the work and labor of forming and fabricating said materials and supplies to and for said Swenson Construction Company, all of which said building and material and supplies were sold, manufactured, and furnished upon the faith and credit of the real estate above described, and of the club and business building being erected thereon, and at the special instance and request of said Swenson Construction Company; that said building materials and supplies were of the kinds and qualities contracted for and specified by said Swenson Construction Company, and were formed and fabricated in accordance with the directions of said Swenson Construction Company. A statement of account, showing the items of said building materials and supplies, together with the prices and amounts charged therefor, and the amount due on said account, is hereto attached, marked Exhibit A, and filed herewith, and by this reference thereto is incorporated in and made a part of this petition.

"Defendant the Flour City Ornamental Iron Company states that said building materials and supplies, and the work and labor of forming and fabricating the same, were, when sold, manufactured, and furnished, and now are, reasonably worth the amounts set opposite the respective items thereof on the attached statement of account, and that all of said building material and supplies, and the work and labor of forming and fabricating the same, were, when sold, manufactured, and furnished, and...