Milliken's v. Enterprise Machine & Garage Co.

Opinion of the Court by

Judge Olay

Affirming.

The Enterprise Machine and Garage Company brought this suit against J. J. Milliken’s executrix to recover on an account amounting to $1,524.80. The petition proceeds on the theory that the purchases, which were actually made by one James West, were all made on the credit of Milliken, who agreed to pay for same. The case was transferred to equity and the chancellor ren*80dered judgment in favor of plaintiff. The executrix has appealed.

The first contention is that plaintiff, a corporation, was not entitled to recover because it had not complied with…