Gambill Mercantile Co. v. Allen

Citations

• 96 Kan. 148
• 150 P. 519
• 1915 Kan. LEXIS 334

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — Against Husband and Wife — Goods Sold and Delivered to Both — Petition States Cause of Action against Both. In an action against husband and wife to recover for goods sold and delivered, the petition alleged that defendants purchased and plaintiff sold and delivered to them the goods mentioned, and that the same had not been paid for. A copy of the account attached to the petition showed that the goods were charged to the husband. Held, that the petition states a ■ cause of action against both defendants.</p> <p>2. Same — Separate Answer of Wife. The separate answer of the wife admitted purchasing the goods, but alleged the husband was the head of the family; that the goods were suitable, reasonable and within the means of the husband and were used in the family, and denied her own liability. On appeal by the husband from a judgment against himself alone it is held that the court rightly denied his motion to strike from the wife’s answer all but the general denial, and that his objections to her testimony in support of her separate defense were properly overruled.</p>