Cases On Persons And Domestic Relations Selected From Decisions of English And

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Cases On Persons And Domestic Relations Selected From Decisions of English And
Albert Martin Kales
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B. Gafford, the contract for their purchase was made with her only, and all payments which had been credited upon the account were made by her. The articles were charged to her, and the name of F. H. Gafford nowhere appears upon the books of account, nor is it pretended that at any time was he re- garded as the debtor. After hearing the evidence, the court, without the intervention of a jury, rendered judgment in favor of M. B. Gaf- ford, and against the husband, F. H. Gafford, who prosecutes t...he present appeal. At the trial the wife interposed the plea of coverture, and the failure of the husband to give his assent in writing to the con- tract. This plea was fully sustained by the evidence. We presume the court rendered judgment against the husband upon the ground that as the contract made with the wife was void, and as the evidence showed that the articles purchased were necessaries of life, and suit- able to the degree and station in life of the wife of F. H. Gafford, his common law liability arose, and he was chargeable for such necessa- ries furnished to her.

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