Robertson

The plaintiff, General Mill and Lumber Co., commenced action in the lower court on three separate counts of its complaint, to establish indebtedness against the said defendants and to foreclose against the said defendants liens set forth in the said three counts. To the said complaint and to each count thereof the said defendant Arabelle Siemsen filed an answer. During the course of the trial of said action, said plaintiff dismissed said action as to the real property described in the complaint and abandoned its action for foreclosure of the respective liens.

The said action was tried upon the issues raised by plaintiff’s complaint and defendant’s answer thereto. The court upon the submission of said cause of action rendered personal judgment in favor of the plaintiff and against said defendant Arabelle Siemsen on two counts. As to the other count, the court found that the plaintiff was not entitled to personal judgment against the defendant Arabelle Siemsen. 'The personal judgment so rendered against the defendant Arabelle Siemsen was rendered by the court upon its finding and determination that H. L. Robertson was the agent of Arabelle Siemsen in the purchase of the material…