W. T. Rawleigh Co. v. Simmons

Action by the W. T. Raw-leigh Company against J. A. Simmons* Jr., M. L. Pierce, and Jess Phipps for the recovery of $562.99 for goods sold defendant J. A. Simmons, Jr., under written contract on which the defendants M. L. Pierce and Jess Phipps were sureties. A jury was waived and the ease tried to the court. The defendant Simmons did not offer any defense, and judgment was. rendered against him for the amount prayed for, from which judgment no appeal has been taken.

The court rendered judgment against the sureties, Pierce and Phipps, for $109.31. This the plaintiff complains of. The contract…