Conrad v. Marlar

DAVISON, Justice.

This is an appeal by Eugene T. Conrad and Naydene J. Conrad, husband and wife (defendants below), from a judgment on jury verdict in favor of M. O. Marlar (plaintiff below) in an action for personal judgment and foreclosure of a lien for labor performed and material furnished in painting the defendants’ homestead residence. The parties will be referred to as they appeared in the lower court.

Plaintiff’s petition was in the usual, and proper form. There was no controversy as to the property and residence being the homestead of the defendants.

Plaintiff testified he made an oral…