Cattell v. Fergusson

This action was brought to foreclose a mechanic’s lien. The respondents entered into a written contract with one John C. Fergusson to erect a building upon certain real estate which the pleadings admit belonged to the appellant. Said John C. Fergusson and the appellant *542were husband and wife, and the respondents claim that he was also her agent, and acting for her in the premises. The appellant claims there was no proof of such agency. The evidence shows that the contract was entered into September 21, 1889. Prior thereto, on the 12th of said month, the appellant and her said husband obtained…