4 Willson 507 | Tex. App. | 1892
Opinion by
§ 2 94. Charge of the court; must he predicated on evidence; wife’s separate property; husband cannot hind hy his contract. This was a suit brought by Shiel against Adamson and wife to recover a sum of money due him for plastering a dwelling-house, the separate property of one of the appellants, who is the wife of her co-appellant. The petition alleges that one Owen J. Cook was the agent of Mrs. Adamson, and that she gave him express authority to employ some one to plaster said dwelling-house, and that he employed appellee, Shiel. In the second count of his petition plaintiff alleges that, after he had completed the plastering of the dwelling-house, John Adamson, the husband, who was managing and controlling the separate property of his wife, agreed and promised that he would pay appellee the contract price for plastering said house. The answer was general denial, and the further plea that Cook was himself an independent contractor, who had taken the contract to build and complete said house; that he was not the agent of the
Beversed and remanded.