73 Iowa 396 | Iowa | 1887
The defendants are husband and wife, and the lien is sought to be established on real estate belonging to Mrs. Parker for lumber furnished by the appellant, which was used in the construction or repair of a building on such real estate, and in making other improvements thereon. The lumber was purchased by Stephen Parker and charged to him by the plaintiff, and he gave his note for the amount found due; and the theory of the defendant is that Mrs. Parker contracted with her husband to make .the improvements for a named sum of money, which she paid him, and that her husband was the contractor, and the plaintiff a subcontractor; and, as the requisite notice required in such case has not been given, therefore the appellant is not entitled to the relief demanded. We have carefully read and considered the evidence, and think the claim of the defendants has not been established. It is true, the defendants both so testify in general terms; but, when the whole of their evidence is considered, we think such claim is an afterthought, now, perhaps, honestly entertained. The story told by Mrs. Parker is improbable, and she is directly contradicted in material matters by George Campbell, a carpenter, who, in fact, did much of the work. He testifies that he constructed an addition to a house for “Mr. and Mrs. Stephen Parker. At the time oí making the contract I gave Uncle Stephen our bid, and he said he would see about it. * * * He said, ‘'We intend for you and Webster to do the work.’ I went to the house that evening, and talked about the contract.
The plaintiff is entitled to the establishment of a mechanic’s lien, and such a decree will be entered here or in the court below, as the plaintiff may elect, and the judgment of the circuit court is Reversed.