J. R. Watkins Co. v. Stimpson

FOSTER, Justice.

This is an action on a contract in writing, a copy of which is attached as an exhibit to counts 4, 5 and 6. Those are the only counts which were submitted to the jury. It purports to be one of suretyship whereby defendants agree to pay for the goods sold and delivered by plaintiff to one Ashley, since deceased.

Besides the general issue, defendants pleaded (4) non est factum, in general form; and (7 and 8) which are also non est factum but in special form, alleging that while they each signed the contract it was done with the agreement, with Ashley and a representative of…