#### F. W. Hummel and E. S. Needs, trading as Hummel & Needs, Appellants, v. C. F. Freshwater et al., Appellees.

(Not to he reported in full.)

Appeal from the Circuit Court of Crawford county; the Hon. Charles H. Miller, Judge, presiding. Heard in this court at the March term, 1916.

Affirmed.

Opinion filed November 13, 1916.

Statement of the Case.

Petition by F. W. Hummel and E. S. Needs, copartners, trading as Hummel & Needs, complainants, against C. F. Freshwater (J. L. Barnes, C. M. Schuder, *78Henry Labowitz and Lonie Lindenbaum, copartners, trading as the Lawrenceville Salvage Company), the Western Supply.& Wrecking Company, a corporation, and the Independent Torpedo Company, a corporation, defendants, to enforce a mechanic’s lien for drilling a well. From a judgment refusing to hold Barnes, Schuder and the Lawrenceville Salvage Company personally liable, the Western Supply & Wrecking Company, Independent Torpedo Company and complainants appeal.

Abstract of the Decision.

1. Pbincipal and agent, § 8 * —what is insufficient evidence to prove agency. The declarations oí an alleged agent alone are not sufficient to prove his agency.

2. Pbincipal and agent, § 8 * —what evidence is necessary to establish liability of persons as principals. Where the owner of a certain oil lease contracted with three persons to sell to each a one-fourth interest in a well he proposed building when same was completed, and on completion of such well by him such interests were assigned to and paid for by said parties, and thereafter liens for supplies for the construction of the well furnished to the owner were filed and suit brought thereon and the materials sold to satisfy such liens, leaving a deficiency for which a personal decree was entered against such owner alone, held that in order to hold them to any personal liability it would be necessary to prove said owner was their agent ether by positive evidence or by the facts and circumstances surrounding the transaction.

McCarty & Arnold and Newlin, Parker & Newlin, for appellants.

George W. Lackey and Noah M. Tohill, for appellees.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Boggs

delivered the opinion of the court.