68 S.E. 16 | N.C. | 1910
Action commenced before a justice of the peace to foreclose a lien for material furnished for the repair of a house of a feme covert. The facts are sufficiently stated in the opinion of the Court.
In Weir v. Page,
This statute does not make her house liable to lien only upon (601) a contract by her, but provides that when she "consents or procures" the building to be erected or material furnished, she shall bedeemed to have contracted for such improvement, and that her property thereupon becomes subject to lien, if filed. In Finger v. Hunter,
In the present case, however, the plaintiffs put in evidence the feme defendant's testimony, in another trial, that she made a contract with her husband to put these repairs upon the building and had paid him the full amount due on such contract before the plaintiffs gave her notice of their claim. This evidence was furnished by the plaintiffs and was not contradicted, and therefore must be taken as true. It was also in evidence, without contradiction, that the plaintiffs sold the material to the husband. Therefore the plaintiffs were subcontractors, and having failed to "give notice before settlement," Rev., 2020, the defendant contends, in his brief, that the wife is not liable any more than any one else would be.
this is not a case of a married woman standing silent when improvements are being placed upon her house, receiving the benefit, and then defying the contractor because she had made no valid express contract. In such case the statute now makes her property subject to lien, upon the implied contract arising upon her conduct, as it would in regard *574
to any one else under the same circumstances. But here she paid the contractor in full before receiving notice from the subcontractors, the material men, and is freed from liability to them, as any one else would be upon the same state of facts. Pinkston v. Young,
Upon the plaintiffs' evidence, the judgment of nonsuit was proper.
Affirmed.
Cited: Finch v. Cecil,
(602)