Russell v. Stoner

Comstock, J. —

Appellant was plaintiff below. The complaint is in two paragraphs. The first alleges that; *544Annie M. Stoner, appellee, in 1890, purchased from appellant, through her husband, Abraham L. Stoner, acting as her agent, certain material for use in building a house, on her separate real estate. The second contains substantially the averments of the first, with the additional allegation that appellee, Annie M. Stoner, after said material had been used in her house, promised appellant that she would pay therefor, and that, relying upon said promise, he had allowed the time to expire…