Yelton v. Bird Lime & Cement Co.

SMITH, Chief Justice.

Appellee, Bird Lime & Cement Company, brought this action against appellant, Ruth C. Yelton, a feme sole, on open account, duly verified, for $159.46, and to foreclose a materialman’s lien upon certain real property belonging to appellant, upon which the material was admittedly placed. Appellee ■ alleged that appellant purchaséd the goods directly for herself, or, in the alternative,that one Behrens purchased it as her agent and placed it in said improvements. Ap-pellee also prayed for attorney’s fees.

In her answer, which was not sworn to, appellant, as stated in her…