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...
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