J. R. Watkins Co. v. Jones

Plaintiff sues these defendants as sureties on a contract by which it was to sell to one John L. Magee such goods and merchandise as the latter might require, and in which it was set forth that said Magee was then indebted to the plaintiff in the sum of $2,796.24. The defendants were to pay for such goods as Magee purchased and did not pay for, and also Magee’s indebtedness at the time.

Magee paid for all purchases made, and even $132.75 on account of the past indebtedness ; and this is a suit for the balance of the past indebtedness, to wit, $2,663.49.

The defense is that there was no…