Yarbrough v. Armour & Co.

SIMPSON, Judge.

Suit is upon the common counts. Count 2 of the complaint charges an account stated between the parties, October 1, 1941.

The two appellants, Fred and Eugene Yarbrough, were sued as “formerly partners, trading and doing business under the firm name and style of Yarbrough Brothers.”

The defense was that, though the goods had been sold and delivered to the Yarbrough store, the business at that time had changed hands and was owned by the mother of the brothers Yarbrough; that the sale was to her, and not to appellants; and that the mother, not the appellants, owed the account.

Insistin…