10 Mo. App. 524 | Mo. Ct. App. | 1881
delivered the opinion of the court.
This action was brought on March 12, 1873, under the then existing law of mechanic’s liens, by sub-contractor against contractor and owner. The cause was tried without a jury, and the finding was against the contractor, for the debt, and in favor of the lien. During thependency of the action", the property was bought by Card, who was made a defendant, and whose answer set up a special defence that the bill of lumber in question was not. sold to defendant Bridwell, but to one Mason, upon Mason’s written order and promise to pay for the same.
The only testimony as to this matter is that of Mason himself, who says that Porter, the owner of the buildings, had desk-room in Mason’s office, and was absent from town; that Bridwell came to Mason and stated that he needed lumber to finish the houses he was building for Porter, and that plaintiffs refused to let him have it unless he Avould “ bring the authority of some responsible party.” That, as an act of friendship for Porter, and that the building might not be delayed, Mason wrote to plaintiffs saying-that, if they would let Bridwell have the materials required,
There seems to be no ground whatever for disturbing this judgment, and it will be affirmed with the concurrence •of all the judges.