Legal Opinion

Alexander v. Perkins

Missouri Court of Appeals

Decided May 17, 1897Published

Appeal from the Jackson Circuit Court. — Hon. 0. L. Dobson, Judge. The evidence as against the defendant in this case, Belle M. Perkins, is wholly insufficient to support a verdict against her. The only evidence at all against her is that she was in the house while the work was being done, once and probably twice, and the workman doing the work says that someone told him to be sure and get a certain part of it to work right.

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Appeal from the Jackson Circuit Court. — Hon. 0. L. Dobson, Judge. The evidence as against the defendant in this case, Belle M. Perkins, is wholly insufficient to support a verdict against her. The only evidence at all against her is that she was in the house while the work was being done, once and probably twice, and the workman doing the work says that someone told him to be sure and get a certain part of it to work right. Another workman says this someone was Mrs. Perkins. This shows no contract with her and is wholly insufficient to raise any obligation upon her part to pay for it,…

1Opinion of the CourtEllison, J.

Mechanics’ liens: husband and wife: husband’s agency: evidence. This action was instituted against defendant, a married woman, before a justice of the peace to enforce a mechanics’ lien against . , , „ , her real property for improvements made L L J 1 on her house. Plaintiff recovered m the circuit court. The contract was not in writing and was made with her husband, and no reference to her or to her husband being her agent was had in the contract. The allegation in plaintiff’s statement is that the husband acted as her agent in making the contract. The plaintiff’s testimony shows the…

2Cases cited4 opinions

  1. Carthage Marble & White-Lime Co. v. BaumanMissouri Court of Appeals · 1891
  2. Kline v. PerryMissouri Court of Appeals · 1892
  3. Chicago Lumber Co. v. MahanMissouri Court of Appeals · 1893
  4. Farley v. StroehMissouri Court of Appeals · 1896

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