McMillan & Parker v. Ball & Gunning Milling Company
| Decision Date | 04 June 1918 |
| Citation | 204 S.W. 257,275 Mo. 1 |
| Parties | McMILLAN & PARKER v. BALL & GUNNING MILLING COMPANY, Appellant |
| Court | Missouri Supreme Court |
Appeal from Jasper Circuit Court. -- Hon. Joseph D. Perkins, Judge.
Affirmed.
R. F Stewart, John R. McCammon and R. M. Sheppard for appellant.
F. T Stockhard and Gray & Gray for respondents.
The plaintiffs, McMillan & Parker, subcontractors, sue to establish a mechanic's lien against certain property at Webb City, Missouri, owned by the Ball & Gunning Milling Company.
The undisputed facts are that the firm of Stone & Watts (original contractors and parties defendant in the circuit court) contracted with the Ball & Gunning Company to erect certain concrete wheat tanks; that thereupon they entered into an agreement with the plaintiffs to furnish the material and labor for the construction of said wheat tanks for the lump sum of $ 7200; that plaintiffs did furnish labor and material in the construction thereof to the amount of $ 7600.35; that they received therefor the sum of $ 6760 in cash, plus a certain credit of $ 21.60, which left a balance due them of $ 818.75, for which amount they duly filed a lien against the property of the Ball & Gunning Company, designating it as a partnership and not as a corporation.
The evidence tended to show that the contract between plaintiffs and Stone & Watts only called for the payment of a lump sum of $ 7200 for the material and labor to be furnished by them that the total credits to be deducted from said sum was $ 6781.60, which left $ 418.40 due them under their original contract; that after the work was commenced, Stone & Watts changed the plan of the work and ordered plaintiffs to furnish additional labor and material to the amount of $ 400.35; that this sum added to the $ 418.40 due them under their original contract made the $ 818.75, for which judgment was prayed.
The case was tried without a jury and the court rendered judgment for plaintiffs and against defendant Watts for the full amount of the balance claimed to be due, $ 818.75, and declared said judgment a lien upon the property of the Ball & Gunning Milling Company.
Thereupon the Ball & Gunning Company duly appealed to the Springfield Court of Appeals, which court reversed the judgment and remanded the cause with directions to the circuit court "to enter judgment against Watts in the sum of $ 818.75 and make such judgment a lien...
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