Young v. Mobley Construction Co.

George Howard, Jr., Judge.

We are to decide1 whether the decree of the chancellor impressing a materialman’s lien on real property owned by the appellant — on the theory that an agency relationship existed between purchaser-contractor in possession who made improvements before acquiring the title and the owner — is supported by a preponderance of the evidence.

THE FACTS

On November 4,1976, Vernon and Bertha Stewart, husband and wife, entered into an escrow agreement to sell 2.46 acres of land, in Pope County, to Curtis and Virginia Wright, husband and wife, for $9,500.00, payable in monthly…