Powell v. Reidinger
| Decision Date | 07 March 1921 |
| Docket Number | No. 21701.,21701. |
| Citation | 228 S.W. 503 |
| Parties | POWELL v. REIDINGER et al. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court; George H. Shields, Judge.
Suit by Wright M. Powell, doing business as the American Heating & Supply Company, against A. J. Reidinger, the American Bakery Company, and others, to establish a mechanic's lien. Judgment for the plaintiff, and the American Bakery Company appeals. Case transferred to the Court of Appeals.
Jeffries & Corum, of St. Louis, for appellant.
Frank & Stamm, of St. Louis, for respondent.
This suit was brought by respondent in the circuit court of the city of St. Louis to establish a mechanic's lien against the freehold interest of the American Bakery Company in certain premises described in the petition and located in said city by reason of the construction and installation thereon of a heating plant, and for a personal judgment against the other defendants than the American Bakery Company, the sole appellant.
The jurisdiction of this court is invoked on the ground that a constitutional question necessary to the determination of the matter at issue is involved.
Appellant's contention is that this proceeding was founded on section 8216, R. S. 1909, Laws 1911, p. 312, now section 7220, R. S. 1919, concerning liens on licensed or leased property, and that said section is violative of section 1 of the Fourteenth Amendment of the Constitution of the United States, providing that no person can be deprived of his property without due process of law.
We have examined with some degree of care the transcript of the proceedings in the court below and have reached the conclusion that this action is founded, not upon said section 8216, but upon section 8212, R. S. 1909, now section 7216, R. S. 1919, providing when mechanics and others shall be entitled to a lien, the constitutionality of which is not assailed. The courts in construing section 8212, supra, have held that where the lessor, as at bar, contracts with the lessee for the making of certain improvements of substantial benefit to the estate of the lessor, upon the termination or surrender of the lease such terms constitute the lessee the agent of the lessor within the meaning of the mechanic's lien law and subject the lessor's property to a lien for the labor performed and the materials furnished for such improvements under a contract with the lessee. Ward v. Nolde, 259 Mo. loc. cit. 300, 168 S. W. 596; Weis...
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Masterson v. Roberts
... ... Constitution of Missouri. Sec. 3160, R. S. 1929; State ex ... rel. Harrington v. Trimble, 31 S.W.2d 783; Powell v ... Reidinger, 228 S.W. 503; Rogers Foundry Co. v ... Squires, 297 S.W. 472; Sec. 30, Art. II, Mo. Const.; 18 ... R. C. L. 876, sec. 4; 18 ... ...
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Concrete Engineering Co. v. Grande Bldg. Co.
... ... their own cost and protect the owners of the fee against ... liens. [Curtin Co. v. Churchill, supra.] In Powell v ... Reidinger, 228 S.W. 503, 504, a case where the ... improvements for which a lien was claimed were made at ... request of lessee but ... ...
- State v. Hulbert
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Powell v. Reidinger
...Company and the American Bakery Company, and another. From an adverse judgment the last-named defendant appealed to the Supreme Court (228 S. W. 503), which transferred the cause. Judgment of trial court Jeffries & Comm, of St. Louis, for appellant. Frank & Stamm, of St. Louis, for responde......