W. T. Rawleigh Company v. Kelly

In the outset we might say that the overruling of the demurrer of the plaintiff to the defendants’ amended answer was not error. The answer as amended set up a good defense. The next question, then, is whether the evidence supports such a plea. The evidence, without dispute, shows that Mrs. J. M. Moore never signed the contract as surety, and that so far as the evidence reveals, she never authorized anyone to sign it for her, and that she did not even know it during her lifetime. The evidence is also undisputed that the agent for the plaintiff who procured the contract represented to the…