Bodey v. Thackara

Citations

• 143 Pa. 171
• 22 A. 754
• 1891 Pa. LEXIS 915

Syllabus

<p>[To be reported.]</p> <p>(a) Sub-contractors filed a mechanics’ lien to charge the real estate of a married woman, for materials furnished towards the erection of a dwelling-house upon the order of a contractor for the building under a written contract made with the husband alone. In a scire facias thereon, there was testimony tending to prove:</p> <p>(b) That the wife examined the plans for the building; that the materials were furnished by the plaintiffs with her knowledge and consent; that they were reasonably necessary for, and were used in the improvement of her estate; and that, during the progress of the work, she was frequently present, directing as to the materials and as to the manner of construction:</p> <p>1. The evidence sufficiently showing that the wife assented to the contract for the erection of the dwelling, as though it was in fact made in her behalf and for her benefit, it was not error to instruct the jury that if she knowingly received the materials and assented to their use in the improvement of her property, the plaintiffs were entitled to recover.*</p> <p>2. It was not error to admit in evidence the original contract, and plaintiffs’ books of original entry charging the materials furnished to the contractor “for Lieut. Thackara’s house, Rosemont,” as in the bill of particulars attached to the claim, and to exclude defendants’ offer to prove payment by them of the contract price in full to the contractor.</p>