Schiaffino v. Christ
Mississippi Supreme Court
Erok tbe circuit court of Harrison county. HoN. "William: H. Haedv, Judge. . Christ, appellee, was plaintiff in the court below; Madame Sehiaffino, appellant, was defendant there. From a personal judgment in plaintiff’s favor against defendant and adjudging a lien on her property for its payment, defendant appealed to the supreme court. Appellant was the owner of land.
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Erok tbe circuit court of Harrison county. HoN. "William: H. Haedv, Judge. . Christ, appellee, was plaintiff in the court below; Madame Sehiaffino, appellant, was defendant there. From a personal judgment in plaintiff’s favor against defendant and adjudging a lien on her property for its payment, defendant appealed to the supreme court. Appellant was the owner of land. Her husband purchased from appellee building material, which was used in the construction of a house upon her land. Appellant’s .husband had offered to pay for the material used in the house what in his judgment was a…
1Opinion of the CourtSmith, J.
The peremptory instruction requested by appellant ought to have been given. The petition alleged that she owed appellee certain money for building material purchased by her from ap-pellee and used in the erection of a house situated on her land,, and prayed for a personal judgment and for a sale of the property to satisfy same. The proof showed that the material was not purchased by appellant, but by her husband upon his own account, and she did not give her written consent thereto. The case is therefore controlled by Code 1906, § 3060, and Fairbanks v. Briley, 25 South, 25 South. 354.
The…
2Cited by1 opinion
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