Blake Sand & Gravel, Inc. v. Saxon

Armstrong, A.C.J.

Blake Sand & Gravel sued Philip E. Zerr and Suelma Zerr to collect for materials delivered to Emerald Highlands, a construction project owned by the Zerrs. A personal judgment was entered against the Zerrs. They appeal, alleging that their contractor, John Dickinson, was not their common law agent and therefore could not bind them personally to a contract with Blake. We affirm.

FACTS

Blake sued to collect a debt for materials delivered to the Zerrs’ construction site. Blake sought a monetary judgment and foreclosure of a materialman’s lien against the property under chapter…