DOBYNS LUMBER COMPANY v. SCHOONOVER

No. 34284.

479 S.W.2d 206 (1972)

DOBYNS LUMBER COMPANY, a corporation, d/b/a Clarence Lumber Company, Plaintiff-Appellant, v. Floyd SCHOONOVER, Administrator of the Estate of James C. Maupin, Deceased, et al., Defendants-Respondents.

Missouri Court of Appeals, St. Louis District.

March 28, 1972.


Attorney(s) appearing for the Case

Rolin T. Boulware, Shelbina, for plaintiff-appellant.

Bollow, Crist & Bollow, Shelbina, for defendants-respondents.


CLEMENS, Judge (Commissioner when cause submitted).

Plaintiff (Dobyns) sued defendant as executor of its customer (Maupin) for the $299.66 balance of his account and for a materialman's lien on Maupin's real estate.1 The trial court, sitting without a jury, gave Dobyns a money judgment for the full amount of its account but allowed a lien for only $136.20. This was $163.46 short of the lien Dobyns sought and represented three items charged...

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