Smith v. Marbut-Williams Lumber Co.

1. Upon the trial of a suit against a married woman to recover for the purchase price of building materials alleged to have been purchased by her through her husband as agent, where she denies that she purchased the materials, and alleges that the debt was the debt of her husband, and there is evidence to authorize the inference that the husband purchased the materials upon his own account and not as agent for his wife, and the wife afterwards promises to pay the debt, she can not, in the absence of a plea setting up the statute of frauds, deny liability upon the ground that the promise, if…