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HERTEL ELECTRIC COMPANY v. GABRIEL

No. 7703.

316 S.W.2d 139 (1958)

HERTEL ELECTRIC COMPANY, Inc., Plaintiff-Appellant, v. Fred GABRIEL, Defendant, and R. L. Butterworth, Defendant-Respondent.

Springfield Court of Appeals. Missouri.

Motion to Refile Transcript Overruled October 3, 1958.

Attorney(s) appearing for the Case

Hale W. Brown, Kirkwood, for plaintiff-appellant.

Robert M. Zeppenfeld, St. Louis, Horace T. Robinson, Waynesville, for defendant-respondent R. L. Butterworth.

STONE, Presiding Judge.

Upon retrial of this action to establish a mechanic's lien, the circuit court (sitting as a jury) entered judgment for $585.58 against defendant, Fred Gabriel, the original contractor (as directed in our opinion upon a prior appeal reported at Mo.App., 292 S.W.2d 95), but denied a lien on the property of defendant, R. L. Butterworth, "on the ground of lack of legal notice of plaintiff's intention to file...

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