Continental Supply Co. v. Smith

.Opinion by

SHACKELFORD, C.

The plaintiff in error was plaintiff below, and the defendants in error were defendants. The parties will be referred to herein as plaintiff and defendants, as they appeared in the trial court.

The plaintiff brought action against Cecil H. Smith and J. D. Wade for debt due upon account for goods, wares, and merchandise alleged to have been sold and delivered to and accepted by said defendants. Tom L. Wade was sued as a guarantor upon the account. After the issues were drawn, a jury was impaneled to try the cause. At the close of plaintiff’s evidence the court…