Meyer
Meyer v. Kirkwood
Opinion
Lead Opinion
Preston, J.
These causes, to foreclose liens for labor and material and for personal judgment against appellants, were tried together and consolidated for purposes of appeal. They grew out of the same transaction. The claims of lien were ábandoned, but plaintiffs had personal judgment against defendants Kirkwood and White, who both appealed.
The liability of appellant White appears clearly from uncontradicted evidence. The liability of appellant, Mrs. Kirkwood, rests upon the inference that she acted partly upon her own initiative but mainly through the agency of her coappellant White, who is her son-in-law. The sole issue is the sufficiency of the evidence to "warrant the findings and judgment entered against her.
Not only are we satisfied that the evidence supports the findings and judgment as to Mrs. Kirkwood, but in our view any other conclusion would result in a palpable miscarriage of justice. Enough of the facts will be recited to show the truth of this assertion.
Plaintiff and respondent Meyer, at the request of appellant White, who claimed to be acting in his own right as well as for appellant Kirkwood, his mother-in-law, laid on certain ranch property 1625 feet of 14-inch…