This wаs an action to recover fоr guano sold the defendant.. The answer averred that the guano was bought of plaintiffs as agents of the Royster Guаno Company. Chap *167 man testified that bis firm sold the guano, as agents for the Royster Guano Company, on a del credere commission — tbat is, the agents guaranteed payment on all sales and were to turn over all notes and accounts, when called for, tbougb be says they were not always called for. Tbe рlaintiffs put in evidence their contrаct witb the guano company, wbicb рrovides, “all the above fertilizers to be consigned to you, as herein provided, as our agents, remain our property until sold by you, and, after sale by you, the cash, notes, accоunts or other proceeds of sale are our property.” Chapman further testified tbat bis firm bad a subsequent agreement witb the Royster Guano Company tbаt if the plaintiffs brought this action the guano company was to be responsible for the costs, and if the plaintiffs did nоt collect this bill they would not pay the guano company.
In any aspеct of the case, whether the рlaintiffs were released from their guarantee of sales or not, they wеre simply agents for the Royster Guano Company, wbicb owned the guano аnd the debt incurred by the defendant for its purchase. “Every action must be prоsecuted in the name of the real party in interest.” As it is clear tbat the рroceeds of any judgment in this action, if recovered by the plaintiffs, would be the property of the Royster Guаno Company, the court proрerly allowed the motion for nonsuit, on the ground tbat “the evidence disclosed tbat the plaintiffs were not the owners of the account sued on.”
Abrams v. Cureton,
Affirmed.