Fairbanks v. Dennett Motor Sales Co.

This action was brought against Margaret McAllen Fairbanks and her husband, G. D. Fairbanks (joined pro forma) to recover upon a garage bill for goods and services alleged to have been furnished Mrs. Fairbanks for the benefit of her separate estate, or, in the alternative, as necessaries. The jury found in response to the one issue submitted to them that “the items sued for by plaintiff herein" were necessaries for defendants’ family.” There was no finding that the debt so contracted was “reasonable and proper,” as provided in article 4624, R. S. 1925.

In response to the jury finding the court…