Merritt v. Dickey

Plaintiffs in error were sued as sureties on Averill’s bond as administrator of the estate of William H. Gage, deceased; and the breach alleged was the failure to account for the purchase price of lands sold’ for the estate. The undisputed facts showed that the sale was made to Daniel W. Green, the surviving partner of Gage, and .the theory of the defense below was that the object of the sale was to transfer to him the legal title of lands which equitably belonged to the partnership, to be used in settling the business.

The case rests on facts entirely undisputed, and shows that the only…