Rand & Co. v. Parker

The defendants are husband and wife, and the lien is sought to be established on real estate belonging to Mrs. Parker for lumber furnished by the appellant, which was used in the construction or repair of a building on such real estate, and in making other improvements thereon. The lumber was purchased by Stephen Parker and charged to him by the plaintiff, and he gave his note for the amount found due; and the theory of the defendant is that Mrs. Parker contracted with her husband to make .the improvements for a named sum of money, which she paid him, and that her husband was the contractor,…