Waterloo Lumber Co. v. Gardner

806 S.W.2d 513, 1991 Mo. App. LEXIS 472, 1991 WL 43062
CourtMissouri Court of Appeals
DecidedApril 2, 1991
DocketNo. 58209
StatusPublished
Cited by3 cases

This text of 806 S.W.2d 513 (Waterloo Lumber Co. v. Gardner) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waterloo Lumber Co. v. Gardner, 806 S.W.2d 513, 1991 Mo. App. LEXIS 472, 1991 WL 43062 (Mo. Ct. App. 1991).

Opinion

GRIMM, Judge.

This action arises under the Uniform Enforcement of Foreign Judgments Law, § 511.760, RSMo 1986; Rule 74.14. Defendant Danny Gardner appeals from the trial court’s judgment and order which registered plaintiff’s Illinois judgment against him. We affirm.

I. Background

On June 16,1980, a “Construction Agreement” was executed in which “Gardner [514]*514Planning & Constr Inc” agreed to build a house for Robert and Claudia Klohr in Monroe County, Illinois. The agreement was signed “Gardner Planning & Constr Inc. Builder By Robert S Achtyl.”

Waterloo Lumber Company, Inc., furnished materials and supplies to build the Klohr house. The Klohrs paid defendant the full amount of the contract; however, defendant failed to pay Waterloo. Also, the Klohrs failed to obtain the necessary lien waivers from defendant.

Waterloo filed suit in Monroe County, Illinois, against the Klohrs and “Daniel Gardner d/b/a Gardner Planning and Construction.” An alias summons, directed to “Daniel Gardner,”

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Bluebook (online)
806 S.W.2d 513, 1991 Mo. App. LEXIS 472, 1991 WL 43062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waterloo-lumber-co-v-gardner-moctapp-1991.