#### Shandrow & Kern, Appellees, v. Rust, Swift & Company, Appellants.

(Not to he reported in full.)

Appeal from the Circuit Court oí Calhoun county; the Hon. Harry Higbee, Judge, presiding. Heard in this court at the April term, 1914.

Affirmed.

Opinion filed October 16, 1914.

Statement of the Case.

Action by Shandrow & Kern, as partners, against Bust, Swift & Company, partners, to recover an account for goods sold. The action was originally brought before a justice of the peace, and on an appeal to the Circuit Court the trial resulted in a verdict for plaintiffs and judgment was entered thereon. From this judgment, defendant appeals.

The only question involved is whether or not the evidence is sufficient to establish that the goods were sold to defendants, or to another.

Evidence for plaintiffs tended to show that the contract was that of defendants and their contention was supported by the testimony of the third person. De*432fendants’ evidence tended to show that they had no connection with the contract, but that it was the contract of such third person.

Abstract of the Decision.

Contracts, § 389*—toben execution a question for jury. Evidence as to whether contract tor purchase of goods was made by defendants or by a third person, examined and held that question was for the jury and that a verdict was not manifestly against the weight, of evidence.

John J. Brenholt, for appellants.

Charles J. Macauley and T. J. Selby, for appellees.

Mr. Justice Eldredge

delivered the opinion of the court.