Bailie v. Woodward Lumber Co.

The Woodward Lumber Company brought its action to enforce its materialman’s lien against Mrs. M. C. Bailie, the owner, of the premises improved, and W. S. Gregg, the contractor. The case was heard by the court without the intervention of a jury. The defendant pleaded estoppel, and that she had discharged the lien by payment, part of which was paid to the materialman and part to the contractor with the consent of the materialman. Upon the hearing of the cause the defendant, Mrs. Bailie, offered to prove that she had called up the Woodward Lumber Company and talked with its superintendent over…