Waken v. Gensman Bros. & Co.

Opinion by

JARMÁN, C.

Gensman Brothers & Company, a corporation, brought this action against Hannah Waken and Sam Waken to recover judgment for balance alleged to be due for materials furnished and labor performed in making certain improvement on a, building owned, by the defendant Hannah Waken, and to foreclose a mechanic’s and materialmen’s lien in satisfaction thereof. Judgment was for plaintiff, and the defendants bring error.

The petition of the plaintiff alleges that Sam Waken, for himself, and as the agent of his wife, Hannah Waken, entered into an oral contract with the plaintiff whereby…