140 Ky. 394 | Ky. Ct. App. | 1910
Opinion op the Court by
Affirming.
On February 18, 1907, Scott & Goin, Contractors, made and executed a contract with Lafayette Crutcher, one of the appellees, whereby they undertook and agreed to erect for him a two story, frame house on 2nd Street in Frankfort, Ky., at the price of $3,817.00. The contractors were to furnish all the material with which to erect the building. They completed the building according to the contract, and Crutcher paid them the whole of the contract price. Appellant, Capital Lumber & Mfg. Co., furnished Scott & Goin, the contractors, the lumber with which to- build the house, at the price of about $1,-500.00. Scott & Goin, it is alleged, paid only a portion thereof and left a balance of $867.25 unpaid. Appellant filed a statement in the county clerk’s office for the purpose of enforcing a materialman’s lien on the house and lot, and in due time instituted this action to subject the property to the payment of the claim. Appellees, who are husband and wife, answered and denied that appellant had a lien upon the property; that the title to the lot upon which the house was built, was in the wife; that she made no contract of any kind with Scott & Goin or with appellant for the improvement thereon, and alleged that the husband had paid the contract price for the erection of the house, to the contractors with the knowledge and directions of appellant. This was denied by reply.
After hearing the evidence, the court dismissed appellant’s petition. Appellant claims that the case of Tarr & Templin, et al. v. Muir, et al., 107 Ky. 283 (21 Ky. Law Rep. 988), Johnson, et al. v. Bush & Curran,
Upon this evidence we do not feel authorized to disturb the judgment of the lower court in finding that the payments by Crutchér for the erection of the building, were made with the knowledge and consent of appellant. It is the duty of this court to reverse a chancellor on a question of fact only when it is reasonably clear from the evidence that an error had'been committed and in all cases where there is grave doubt, to affirm. There is no contradiction in the testimony „ that Crutcher paid the full contract price for the erection of the house.
For these reasons, the judgment of the lower court is affirmed.