G. C. Heberling Co. v. Clark

Opinion op the Court by

Judge Perry

Reversing.

This action was brought by the appellant, Gr. C. Heberling Company, in the Carter circuit court against one Martin Shearer, as principal, and the appellees, Clark and Hensley, as guarantors, to recover its account of $553.90 owing for merchandise sold to Shearer under a contract providing a guaranty of payment therefore by the appellees.

The plaintiff, here the appellant, by its petition, alleged that it entered into a written contract with the defendant Shearer and his codefendants, Clark and Hensley (here the appellees), by which it agreed to sell…