81 Mo. App. 535 | Mo. Ct. App. | 1899
The Eair Shoe and Clothing Company, the respondent herein, is the owner of a leasehold on certain lots on Eranklin avenue. The lease expires in 1921. The company erected a business house on the lots, and under the terms of
The shoe company objected to the introduction in evidence of the lien paper, upon the ground that it was not a just and true account, in that it included non-lienable items which could not be segregated by an inspection of the account itself. This objection was overruled and rightly so as we will hereafter attempt to show.
The plaintiff admitted that certain items of lumber embraced in the account and hereinafter referred to, were not used in making improvements or fixtures for the house, and against the objection of the shoe company the circuit court
Other questions are presented in the briefs, which we need not notice. The judgment of the circuit court will be affirmed.