R. H. Day Co. v. Thomas

Citations

• 100 Miss. 72
• 56 So. 315

Syllabus

<p>1. Action by Ckeditob. Credit given, principal. Charge on doolcs.</p> <p>Where suit is brought against a landlord for merchandise sold and delivered to his tenant, an instruction that if the goods were not charged to the landlord on the books, plaintiff could not recover, is reversible error since the question whether the goods were charged to the tenant or to the landlord does not alone determine the issue of the defendant’s indebtedness.</p> <p>2. Same.</p> <p>• Mere form of bookkeeping is not decisive. The goods may be charged on the books to one person, when another is the primary debtor, to whom the credit was really extended.</p>