10 A.2d 754 | Conn. | 1940
This case was submitted upon an agreed statement of facts. The defendant owned a piece of property in the town of Warren which was occupied by her mother, Mrs. Aldrich, without a written lease and under circumstances which do not appear. The latter requested the plaintiff to render services and furnish materials on the property, which he did. He had no actual knowledge that the property belonged to the defendant. After completing the work, he from time to time rendered bills to Mrs. Aldrich and she made payments to him. She finally gave him her personal note for the amount remaining due and later paid a portion of it, together with interest. The *713
defendant visited her mother from time to time and knew that the plaintiff had rendered or was rendering services and furnishing materials at Mrs. Aldrich's request. Upon these facts the trial court rendered judgment for the plaintiff to recover of the defendant the unpaid balance of his bill. The plaintiff obviously relied upon the credit of Mrs. Aldrich and sought recovery from the defendant only when Mrs. Aldrich failed to pay the balance due him. Having performed the services and furnished the materials at Mrs. Aldrich's request and upon her credit, he cannot recover of the defendant even though they ultimately were of benefit to the latter by reason of her ownership of the property. Sutton v. United States,
There is error; the judgment is set aside and the case remanded with direction to enter judgment for the defendant.
