71 Tenn. 66 | Tenn. | 1879
delivered the opinion of the court.
Suit upon an account, in which the verdict and judgment were in favor of the defendant, and the plaintiffs appealed in error.
There is evidence in the bill of exceptions tending to show that the articles were furnished by the plaintiffs on the credit of the defendant and charged to him. They were intended to be used, and were used in the erection of a Baptist Church, the defendant being the Chairman of the Building Committee. They were shipped to, received by him, and used, in part at least, under his instructions. The defendant, in his examination as a witness on his own behalf, says: “ Witness did agree to pay the debt as one of the com
It was error in the learned Circuit Judge not to charge, when requested so to do by the plaintiffs, upon the liability of the defendant if the jury should find that he did agree to pay the debt sued on as one of the Building Committee. And if he meant to be considered as charging, by the instructions given, that such an agreement would not bind the defendant individually under any circumstances, he was also in error.
Reverse the judgment and remand for a new trial.