Treiber v. McCormack

The opinion of the court was delivered by

Porter, J.:

Practically the only question to be decided in this case is whether the husband and wife are competent witnesses for or against each other concerning transactions in which one acted as the agent of the other. The plaintiff brought suit to recover damages for the breach of an oral agreement with the defendants and three other landowners to build a dike to protect the land of all the parties from the overflow of Bourbony creek in Shawnee county. She alleges that the levee or dike was to be built meandering along the west bank of the creek, and…