Gardner v. Goodner Wholesale Grocery Co.

Mr. Presiding Judge GERMAN

delivered the opinion of the Commission of Appeals.

This case comes to the Supreme Court on certificate from the Court of Civil Appeals at Amarillo. The certificate is as follows:

“The Goodner'Wholesale Grocery Company brought suit in the County Court of Wichita County, Texas, against M. H. Townsend, W. S. Bryant and A. Gardner to recover the balance due for merchandise sold to M. H. Townsend and W. S. Bryant as partners. The plaintiff alleged that it sold the merchandise to Townsend and Bryant, who were doing a grocery business as partners; that thereafter Townsend…