Chism Bros. v. Alcorn
Mississippi Supreme Court
From the circuit court of Coahoma county. Hon. B. W. Williamson, Judge. Appellee, Annie A. Alcorn, owned a plantation, which was rented by Milton Bush.
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From the circuit court of Coahoma county. Hon. B. W. Williamson, Judge. Appellee, Annie A. Alcorn, owned a plantation, which was rented by Milton Bush. This action was brought in a justice court by appellants, Chism Bros., against appellee and the tenant, Bush, on an open account for goods sold, amounting to $300, on which there was a credit of $100. It appears that the goods were, in fact, furnished to the tenant; ‘but, on the account as filed, they are charged to him and the agent of appellee jointly. Plaintiff recovered judgment against both defendants in the justice court, and Mrs. Alcorn…
1Opinion of the CourtCooper, J.
We infer from the briefs of counsel that the court below gave the general charge for the defendant on the ground *508that plaintiffs were attempting to charge her to answer for the debt of another upon a mere verbal promise made by her through her agent, Mr. Alcorn. ¥e do not see that the statute of frauds has any application. The plaintiffs testified in their own behalf, and positively denied that Mrs. Alcorn, either through her agent or personally, ever agreed to be bound for the payment of the account on which the suit is brought. Their cause of action, as stated by them, is not that she…
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