Stanley Patch Lumber Corp. v. Barry

The plaintiff moves for summary judgment for a balance due for building materials furnished at the request of the defendant’s husband. These materials went into the construction of a house being built by the husband on property owned by the wife. The complaint alleges that in purchasing these materials from the plaintiff the husband acted as agent for his wife, the defendant. This allegation is denied. The moving affidavit does not present any facts in support of the allegation of agency, but the plaintiff relies on the amendment of 1930 to section 3 of the Lien Law relating to mechanics’…