Hoffman v. McFadden
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court in Chancery. 1. There is no proof of a contract with appellant. 2. The agency of' the husband being denied, the burden was on appellee to prove it. They have not done so. The contention that the marital relation constituted the husband the agent of the wife is in conflict with the authorities. Kelly, Coat. Mar.
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Appeal from Jefferson Circuit Court in Chancery. 1. There is no proof of a contract with appellant. 2. The agency of' the husband being denied, the burden was on appellee to prove it. They have not done so. The contention that the marital relation constituted the husband the agent of the wife is in conflict with the authorities. Kelly, Coat. Mar. Women, secs. 22, 23 ; 41 Ark. 177; Jones on Liens, secs. 1263-6. 3. There is no proof of ratification by the wife. 4. She is not estopped by silence, nor by her acts. 50 Ark. 128; 3 Smith’s Lead. Cases, 2114; 44 Oh. St. 485 ; 61 N. H. 95 ; Bisp. Eq..…
1Opinion of the CourtMansfield, J.
This action was brought to enforce a lien claimed by the plaintiff, McBadden, upon a house and lot belonging to the defendant, Mrs. A. C. Hoffman, for the price of materials furnished by the plaintiff and used in the erection of the house. The lot is the defendant’s separate property, and the complaint alleges that the materials were purchased by Bd. Hoffman, her husband, and that in obtaining them he acted as her agent. The answer denies that the husband of the defendant was her agent, or that he purchased the materials for her or with her consent. And it alleges that the house was erected…
2Cases cited8 opinions
- Jones v. . WalkerNew York Court of Appeals · 1875
- Kansas City Planing Mill Co. v. BrundageMissouri Court of Appeals · 1887
- Fowler v. . SeamanNew York Court of Appeals · 1869
- Gilman v. DisbrowSupreme Court of Connecticut · 1878
- Scott v. WardSupreme Court of Arkansas · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Texas & Pacific Railway Co. v. HumbleSupreme Court of the United States · 1901
- Fine v. Dyke Bros.Supreme Court of Arkansas · 1927
- Brown v. WrightSupreme Court of Arkansas · 1893
- Harris v. GrahamSupreme Court of Arkansas · 1908
- Morehart v. A. B. Beeler Lumber Co.Supreme Court of Arkansas · 1928
5 more not listed; retrieve them via the Exa API.