Swift & Co. v. Short

239 S.W. 1118, 1922 Tex. App. LEXIS 650

Opinion

ELY, Ci J.

This is a suit on an open account, for $211.59, alleged to be . due by ap-pellee to appellant for certain meats and groceries furnished by appellant to appellee as a member of the partnership of Harmon & Short. It was alleged that the residence of Harmon was unknown and that he was utterly insolvent. Judgment was sought against appellee as a member of the firm. Appellee denied that he had ever been a partner with Harmon. After hearing the testimony, the court instructed a verdict for appellee.

There was testimony tending to show that appellee was a member of the firm of Harmon & Short, and that the firm bought the goods from appellant. The court therefore erred in taking the ease from the jury. In view of another trial, we will not discuss the facts, which raised issues that should have gone to the jury.

The judgment is reversed, and the cause remanded.