Missouri Appeal Reports Volume 17

Missouri Appeal Reports Volume 17

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...court should find from the evidence in the case that the defendants, Orr and Cockrell, on the 18th day of February, 1882, became the owners of the premises described in plaintiif's petition, and. that on said day plaintiff had become, and was entitled to a lien for labor performed and material furnished in repairing the dwelling house situate thereon, by virtue of a contract with the owner thereof prior to that time, then it was not necessary for plaintiff to have inserted the names of said Orr and Cockrell in the account required to be filed by section 3170, chapter 47, of the Revised Statutes of Missouri, in order to establish his lien against said premises in the hands of said Orr and Cockrell. I "Fourth. If the court should find from the evidence that the labor was performed and the material furnished by plaintiff, charged in his account, under and by virtue of a single contract, then plaintiff is entitled to an indivisible lien, notwithstanding a longer period than six months may have elapsed from the date of said contract to the last act of performance of said contra-ct by him, and notwithstanding that the evidence may show that the services were not performed, nor the material furnished in the exact order, or at the exact time as charged in said account, provided that such labor was performed and such material furnished, and provided that, at no time after date of such contract, did a period of six months intervene between the date of the contract and the commencement by plaintifl.' to perform his part of said contract, and between the different acts of performance on his part thereafter, and provided plaintiff has otherwise complied with the law in the filing of his account, and the institution of his suit...show more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236856767
  • 9781236856760