Boone-Kenton Lumber Co. v. Thaman
| Decision Date | 02 May 1933 |
| Parties | BOONE-KENTON LUMBER CO. v. THAMAN. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Kenton County, Common Law and Equity Division.
Action by the Boone-Kenton Lumber Company against William Thaman. From a judgment in favor of the plaintiff for a part only of its demands, the plaintiff appeals.
Judgment affirmed.
Thomas X. Dillon, of Covington, for appellant.
Ralph P. Rich, of Covington, for appellee.
CREAL Commissioner.
By this action the Boone-Kenton Lumber Company, a corporation, is seeking to recover from William Thaman a balance of $1,321.26 on a contract for materials alleged to have been sold and delivered to him. In the petition it is alleged that William Thaman, through his agent, Joseph Thaman, entered into an oral contract with plaintiff whereby it agreed to and did furnish to him certain material for the improvement of his premises. The various articles and prices at which they were furnished, together with credits by payment and by material returned, are fully set forth in itemized statements and estimates filed as exhibits with the petition.
It is further alleged that defendant personally and through his agent Joseph Thaman accepted the lumber and building material as plaintiff's part of the contract, and on various dates returned building material and lumber as set out in the exhibits, received credit as agreed, and thereafter made the payments set out in the exhibits; that, after the material thus set forth had been furnished, defendant purchased additional lumber at the agreed price of $4.23.
Defendant by answer denied all material allegations of the petition with reference to the material shown in the exhibits filed therewith, but admitted he purchased from plaintiff lumber and material at the agreed price of $4.23; that no part of same had been paid, and tendered that sum without admitting further indebtedness.
Trial on the issues thus completed resulted in a directed verdict finding for plaintiff in the sum of $4.23, and it has appealed.
Russel McNay, president of appellant corporation, was the only witness to testify on the trial. He testified that Joseph Thaman was a carpenter-contractor, and in this instance came in and had the bills figured, carrying them under his name as was the usual custom; that they made the bills in the name of Joseph Thaman because he always had them put that way that the lumber was delivered to the premises of appellee and used in the construction of a home; that both Joseph and William Thaman signed receipts for material delivered. Four such receipts signed by William Thaman are filed in evidence but, on their face, these exhibits show the material was sold to Joseph Thaman.
It is argued that the court erred in excluding proof as to who owned the property and benefited by its improvement and evidence of conversations between Joseph Thaman and representatives of appellant, but it is apparent that, if all the evidence offered by appellant had been admitted without objection or exception, there would be nothing of probative value or effect tending to support the cause of action alleged in the petition. It would merely conduce to show that Joseph Thaman, a contractor and carpenter, purchased in his own name material entering into buildings which he contracted to construct; that he had a contract to build a house for appellee, and...
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