Van Stone v. Stillwell & Bierce Manufacturing Co.

Citations

• 142 U.S. 128
• 12 S. Ct. 181
• 35 L. Ed. 961
• 1891 U.S. LEXIS 2574

Syllabus

<p>In regard to bills of exceptions Federal courts are independent of any 'statute or practice prevailing in the courts of the State in which the trial was had.</p> <p>Under the pleadings as framed and the issues as made up in this case the court was bound to admit evidence.</p> <p>In the absence of a specification wherein evidence offered was improper or irrelevant this court is bound to presume that it was properly admitted.</p> <p>A matter renting.in the discretion of the trial court is not assignable for error here.</p> <p>The overruling of a motion for a new trial in the court below cannot be assigned for error.</p> <p>A general exception to the charge of the court as a whole cannot be considered here.</p> <p>A mechanics’ lien is a creature of statute, not created by contract, but by statute, for the use of the materials, work and labor furnished under the contract, and the contract is presumably entered into in view of the statute.</p> <p>It is settled law in Missouri that a contractor does not waive his right to file a mechanics’ lien by receiving from the owner of the building a promissory note for the amount due, payable at a time beyond the expiration of the period within which he is required to file his lien; but, within the period within which suit must be commenced to enforce the lien, the taking of the note merely suspends the right of action.</p> <p>The plaintiff agreed to construct a flour mill for the defendant, the work to be done at a specified day. After the expiration of that day defendant wrote to plaintiff that the mill was satisfactory, but that the corn-rolls did not work to his satisfaction, and that when they were made to do satisfactory work he should be ready to pay for the entire work. This was completed and accepted within about two months. Held, that this amounted to an agreement to pay if the completion was done within a reasonable time, and that this was a question for the jury to determine under proper instructions from the court.<