Stevens & Elkins v. Lewis, Wilson, Hicks Co.

Opinion of the Cotjet by

Judge Settle

— Reversing.

*650The appellee, Lewis, Wilson, Hicks Company, a corporation engaged in the lumber business, on the .trial of this action in the court below, recovered of the appellants, J. A. Stevens and H. T. Elkins, partners constituting the firm of Stevens & Elkins, and IT. L. Stevens, their surety, a verdict and judgment for $3,500.00, claimed by way of damages for the alleged breach by the principals of a written contract, made by them with appellee January 9, 1909. The refusal of the circuit court to grant appellants a new trial led to the prosecution, by…