78 Mo. 668 | Mo. | 1883
This is an action to enforce a«mechanic’s lien; and the matter to be determined depends on the sufficiency of the petition. The original petition was filed August 19, 1875. On September 4, 1876, plaintiff filed an amended petition against Edward Sheehan and his wife Frances, and Charles B. Wilkinson. The amended petition alleged that Edward and Frances were the owners of fifteen and one-half acres of ground described in the petition, and that said Edward had, in 1875, for himself and on account of his wife, and with her full knowledge and consent, and for her immediate use, enjoyment and benefit, entered into a contract with plaintiff to erect, build and complete the brick work of a brick addition, and to furnish red brick and sand and mortar in making other improvements to the one-story brick dwelling with stone basement, owned by said Edward and Frances Sheehan, and situated on their land described in said petition, for which plaintiff was to be paid as set forth in said petition, and that pursuant to said agreement plaintiff furnished material and did the work in making said addition and improvements, all of which amounted to $511.70, upon which plaintiff had been paid the sum of $75, leaving a balance due plaintiff of $436.70 ; that all of said work was done and materials furnished between April 1 and May 8, 1875, and that the last item of plaintiff’s claim was furnished on May 8, 1875. The petition avers that plaintiff
The defendants failing to answer said petition, their default was duly entered, and at the January term, 1877, the cause coming on to be heard upon an inquiry of damages, the plaintiff introduced evidence proving that he had performed the work and furnished the material charged in his petition upon the building described in the petition, and that said building is the only one on said fifteen-acre tract, and that the work and materials were reasonably worth the amount charged in the petition. Upon this evidence and upon the statements of the petition not denied, plaintiff submitted the cause.
Thereupon the defendant read in evidence the account and statement filed in the clerk’s office, upon which plaintiff claimed his mechanic’s lien which is as follows:
St. Joseph, Mo., August 18,1875.
Edward Sheehan and Erances A. Sheehan,
To William Z. Ranson, Dr.,
(It< mixed Statement)
To balauce......................................................$436 70
After setting forth the itemized account under the above heading, the statement follows that it is a just and true account of the demand due plaintiff’, after all just credits are given, for materials furnished and work done in erecting an addition to the one-story brick dwelling house with one basement situated on the fifteen and one-half acre tract of land, which is described as in the petition, and that
The court rendered judgment upon the evidence against the plaintiff as to Frances A. Sheehan and Charles B. Wilkinson, and refused to adjudge or foreclose a mechanic’s lien in plaintiff’s favor for the claim stated in plaintiff’s petition, and refused to render judgment against said Frances or said Wilkinson, or either of them, whereto plaintiff excepted, and brings the case here on writ of error.
But in Williams v. Porter, 51 Mo. 441, the Supreme Court of this state held otherwise, and asserted that where the mechanic had failed, as in the case now under review to obtain his lien on the acre of ground by vague description, “ no lien was created.” This construction the present Supreme Court is in favor of maintaining. The lien on the building is made to depend on the lien on the acre