E. W. Smith Lumber Co. v. Arnold

The opinion of the court was delivered by

Porter, J.:

Action to foreclose a mechanic’s lien. The defendant, F. J. Arnold, is the owner of two residence lots in the city of Wichita which he authorized a real-estate agent to sell for him. They were vacant lots and the price at which they were listed was $250. The agent showed the property to D. F. Sutton, a building contractor, who made an offer to take them and to pay $100 in cash and the balance in forty days. He told the agent that he wanted the lots to build houses *466on, that he wanted to build right away. The agent saw the owner and informed…