[DOWNLOAD] "Sears v. Seven Palms Motor Inn" by Supreme Court of Missouri En Banc # eBook PDF Kindle ePub Free
eBook details
- Title: Sears v. Seven Palms Motor Inn
- Author : Supreme Court of Missouri En Banc
- Release Date : January 18, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This case is here on transfer from the court of appeals, Springfield district, after opinion. It involves a claim by Sears, Roebuck and Company (respondent) to recover $8,357.49 with interest, and to establish a mechanic's
lien, for materials and labor including, among other items, drapes and bedspreads furnished Seven Palms Motor Inn (defendant)
in connection with the construction of a motel on land then owned by it. The case was submitted on a stipulation in which
it was agreed, in substance, that respondent furnished to defendant all the tiems listed in the lien statement, that defendant
is therefore indebted to respondent in the amount above stated, and that the only issue to be decided is whether respondent
is entitled to a mechanic's lien. The trial court decided this issue for respondent and entered judgment accordingly. The
court of appeals affirmed the money judgment but reversed that portion of the judgment imposing the lien, holding that the
bedspreads were not lienable items and their inclusion in the statement vitiated the entire lien. While we determine the case
the same as on original appeal, Mo. Const. Art. V, § 10, we ordered the transfer primarily to review the questions
presented by the holding that the whole lien was vitiated. We decide that it was not.