Nall v. Farmers Warehouse Co.
Supreme Court of Georgia
Appeal. Before Judge Smith. Spalding superior court. January term, 1894. Thomas Nall brought suit against the Farmers Warehouse Company, J. II. Mitchell, B. N. Barrow, J. J. Elder, PI. T. Patterson and E. M. Scott, to recover the value of four bales of cotton. The court granted a nonsuit, on the ground that there was not sufficient evidence to authorize the plaintiff to recover against any of tlie defendants.
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Appeal. Before Judge Smith. Spalding superior court. January term, 1894. Thomas Nall brought suit against the Farmers Warehouse Company, J. II. Mitchell, B. N. Barrow, J. J. Elder, PI. T. Patterson and E. M. Scott, to recover the value of four bales of cotton. The court granted a nonsuit, on the ground that there was not sufficient evidence to authorize the plaintiff to recover against any of tlie defendants. The evidence shows, that on May 7, 1889, a written contract was made between “the committee of the county alliance of Spalding county, to wit, J. H. Mitchell, B. N. Barrow, J. J. Elder,…
1Opinion of the Court
Atkinson, Justice.
It is only necessary to add, by way of explanation, to the head-notes and the official report in this case, that it will appear from the latter that in the execution of the contract of rental the defendants personally sued in this case, contracted not only as a committee from the county alliance of Spalding county, but each for and on his own account and for and on account of the order he and they represented. It will be observed that the contract of rental, as executed, was executed by the parties in this case, not only in their representative, but in their personal…
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