Gilman Paint & Varnish Co. v. Legum

The appellant sued the appellee, together with C. Eugene Tovell and Walter J. Levy, severally and as partners, trading as Tovell Construction Company, on an open account for four shipments of certain paint goods, the first of which was on January 10, 1948, and the last February 6, 1948. The balance due for these shipments is admitted to be $935.27. The goods were shipped from Chattanooga, Tennessee, to Greenville, Georgia, and each bill contains the notation: “F.O.B. CHATTA FRT ALLWD”. The record is entirely silent as to where the order came from, although it may perhaps be presumed that it…