Cawley v. Day

Citations

• 4 S.D. 221
• 56 N.W. 749
• 1893 S.D. LEXIS 70

Syllabus

<p>1. In an action to enforce a mechanic’s lien for improvements upon a homestead, the title to which was in the wife, the contract under which the improvements were made was in fact executed by the husband in bis own name. The plaintiff claimed he was acting as the agent of the wife. The defendant denied this, and claimed that the contract was made for and intended to bind only himself, and that the improvements were to be made upon his credit. The several findings of the trial coart were inconsistent with each other upon this point, and inconsistent with the theory either that the contract was that of the wife or that of the husband, or the joint contract of both. Held, that a judgment for plaintiff upon such findings should be reversed, and the case remanded for a retrial.</p> <p>(Syllabus by the Court.</p>