Doane v. Bever
Supreme Court of Kansas
Error from Cowley district court; W. T. McBride, judge.' STATEMENT. This action ,was brought by plaintiffs in error to foreclose a lien for lumber and material furnished in building a barn and chicken-house on the premises of the defendant Absalom Bever. Briefly stated, the essential facts are that Bever, an aged and indigent ox-union soldier, and his wife, resided at the little town of Floral, in Cowley county, and kept a small boarding-house.
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Error from Cowley district court; W. T. McBride, judge.' STATEMENT. This action ,was brought by plaintiffs in error to foreclose a lien for lumber and material furnished in building a barn and chicken-house on the premises of the defendant Absalom Bever. Briefly stated, the essential facts are that Bever, an aged and indigent ox-union soldier, and his wife, resided at the little town of Floral, in Cowley county, and kept a small boarding-house. Several years before the transaction out of which this action grew occurred, another old soldier'who was feeble in health and penniless came to…
1Opinion of the Court
The opinion of the court was delivered by
Ellis, J. :
The principal question in this case was whether Gustave Schwartz acted as the agent of defendant Bever in making the purchases which constituted the basis of the action, or whether such, purchases were made upon his own account and credit. If the plaintiffs chose to make Schwartz their-debtor and to sell their goods upon his credit, the-*461mere fact that they were to be used in betterments upon the premises of the defendant Bever would not entitle them to a lien thereon. (Manufacturing Co. v. Best, ante, p. 187, 65 Pac. 239.) In substance, the…
2Cases cited1 opinion
- Springfield Boiler & Manufacturing Co. v. BestSupreme Court of Kansas · 1901
3Cited by9 opinions
- Clark Lumber Co. v. PassigSupreme Court of Kansas · 1959
- Boyce v. KnudsonSupreme Court of Kansas · 1976
- Bell v. HernandezSupreme Court of Kansas · 1934
- F. M. Spalding Lumber Co. v. SlusherSupreme Court of Kansas · 1926
- Jones v. LustigSupreme Court of Kansas · 1959
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