McGhees & Co. v. McCutchen & Kirksey

Bleckley, Chief Justice.

The suit was by McCutchen & Kirksey against McGhees & Company, for the price of a car-load of cross-ties and a car-load of lumber. It seems that the order for both was given by McKee, who was a clerk or agent of McGhees & Co. The evidence indicates that the sale of both was made by Kirksey as an individal, and that the lumber was sold to McKee but shipped to McGhees & Co. by mistake. It was proved that according to the original contract, the price of the ties was to be credited on Kirksey’s account with McGhees & Co., and it was also proved that, after the mistake in…