Badger Lumber Co. v. Martin

*509The opinion of the court was delivered by

Smith, J.:

This action was brought in the district court of Dickinson county for the purchase price of a hot-air furnace ($125) and bath, lavatory and toilet fixtures ($434), and to foreclose a mechanic’s lien on residence property in the city of Hope. There was an oral contract of purchase made with defendant Alfred D. Martin, about which there is no dispute, while the title to the real estate was held by the wife, defendant Helen F. Martin.

The defendants answered jointly, and alleged that the furnace, bath and water fixtures were sold under a…