Rohan Brothers Boiler Manufacturing Co. v. St. Louis Malleable Iron Co.
Rohan Brothers Boiler Manufacturing Co. v. St. Louis Malleable Iron Co.
Opinion of the Court
delivered the opinion of the court.
This action is brought by an original contractor to recover the reasonable value of certain work ,and labor done and materials furnished, at the request of the defendant corporation, upon its building and improve'ments, situated on certain described lots in the city of St. Louis. Such proceedings were had that there was a judgment against the defendant for $379.43, and establishing the demand as a mechanic’s lien against the property sought to be charged therewith. The defendant, appealing, assigns for error the refusal of the trial court to give an instruction in the nature of a demurrer to the evidence at the close of the whole case. The reason assigned by the appellant for the view that this instruction ought to have been given, is that there was no evidence showing that the defendant was the lessee of the premises sought to be charged with the mechanic’s lien, as described in the petition. It is true that there was no such evidence of this fact as would be necessary to establish title in an action of ejectment. But there was evidence that the work was done and that the materials were furnished in and about a building used by the defendant as a manufacturing establishment in St. Louis ; and a witness who was a clerk in the office of the assessor of taxes produced a book which was a record of that office, called a plat-book, and testified that the entries in that book were taken from the records in the office of the recorder of deeds. From this plat-book the witness located the property of the defendant upon the lots described in the petition in the case, and testified that the defendant was assessed as the lessee of such property. It is true that the court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.