W. T. Rawleigh Co. v. Phillips

FOSTER, Justice.

This is an action against appellees on an account for goods sold by plaintiff to one of them (Phillips) under a written contract, with the other defendants as sureties. The contract was renewed from time to time by separate instruments to that effect. The defense was payment by an agreement with Brown, as plaintiff’s assistant sales manager, to accept in full payment accounts for some of the goods resold by Phillips on time. There was a conversation between them near the close of these dealings, as to the terms of which they differ. Phillips claims in one aspect that Brown…