Deardorff v. Everhartt

This is a suit to enforce a mechanic’s lien. *38against a certain lot and building in the City of Kansas owned by appellants, Halpine and Lynch, the latter of whom contracted with Everbartt to erect the building. The evidence for defendants tended to show that a portion of the lumber purchased by Everhartt was not used in the erection of the building, although purchased by him for that purpose. The court, for plaintiff, declared the law to be that: “ The declarations of Everhartt, or his foreman, at tbe time of the purchase of the lumber sued for, as to the purposes for which it was purchased,…