Commercial Nursery Co. v. Ivey

delivered tlie opinion of the Court.

This is a suit against an administratrix and her surety to recover against them on account of matters hereinafter set out. There was a decree against both defendants by the chancellor, from which decree the surety alone appealed. The Court of Appeals affirmed the decree below and the surety filed a petition for certiorari to review the action of the Court of Appeals, which petition was granted, and the case argued here.

The complainant is a partnership engaged in the general nursery business. Ben W. Ivey, deceased, was employed as an agent by complainant to…