Gilbert v. Watts, Ritter Company

Opinion op the Court by

Judge Dietzman

Reversing.

' For some time prior to November, 1930, and thereafter,' B. F. Gilbert was engaged in the mercantile business at Wallins Creek, Ky., with Dave Middleton,’ under the firm name of Gilbert & Middleton. Beginning in tbe latter part of November, 1930, the appellee^ a wholesale dry goods firm in Huntington-, W. Va., sold and delivered from time to time to the firm of Gilbert & Middleton certain merchandise until the latter firm became indebted to the appellee in a balance of $827.70. In July, 1931, suit was brought upon this account in the Harlan…