Morgan v. Moore's

*685Opinion of the Court by

Chief Justice Sampson

Affirming.

This action by the executrix of G. E. Moore to recover $2,500.00 paid by Moore to George H. Greenup and E.'A. Morgan, on July 14, 1920, as first payment on 100,000 feet of oak lumber of designated grades, resulted in a verdict and judgment in favor of the executrix in the sum of $1,250.00, and Morgan, against whom the action alone was instituted, prosecutes this appeal. The contract with respect to the lumber and the payment of $2,500.00 reads:

“Fulton, Ky., July 14,1920.

“We, the’ undersigned, Greenup- and Morgan, have sold to G. E. Moore…