Thomas v. George

On motion for rehearing. The questions arise on the cross-petition of the Horsch Lumber & Ooal Company, seeking to recover a money judgment against defendants E. T. George and Lavina George, husband and wife, and to foreclose a 'mechanic’s lien upon' the property of Lavina George, the company having furnished lumber for the construction of a house upon property, the separate estate of Mrs. George.

One defense is that the company furnished lumber upon the contract of E. T. George, and that he did not act, in contracting- for such lumber, as the agent of his wife, but for himself alone. The…