Loveman, Joseph & Loeb, Inc. v. Rogers

HARWOOD, Presiding Judge.

Suit below was on account. The case was heard before the court without a jury, and on an agreed statement of facts. At the conclusion of the proceedings the court •entered a judgment for the defendant.

The plaintiff’s motion for a new trial being overruled, an appeal was perfected to this court.

The stipulated facts material to this appeal were as follows:

“In 1950 a charge account was •opened at the plaintiff’s place of business by Mrs. Margaret Rogers, who was then the wife of H. C. Rogers. The account was opened in the name •of Mr. and Mrs. H. C. Rogers. A •credit…