131 So. 563 | Ala. | 1930
Both the original and cross-bills aver that the material was sold or furnished under contract with the owner "or her agent," but do not set out the name of the agent. The demurrer pointed out this fact, and should have been sustained. Murray v. Bessemer Lumber Co.,
We have a line of decisions holding that, when a complaint or plea relies upon the act of an agent, the authority of the agent should be averred, Hanover Fire Ins. Co. v. Wood,
The claims filed substantially complied with the statute. Code 1923, § 8836, McGeever v. Harris, supra.
The decree of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
GARDNER, BOULDIN, and FOSTER, JJ., concur. *177