#### W. G. COPPERSMITH and J. B. LATHAM, Trading as LITTLETON FEED AND GROCERY COMPANY, v. R. L. COOK and the WARRENTON GROCERY COMPANY, Inc., Partners, Trading as R. L. COOK.

(Filed 19 September, 1928.)

Appeal by plaintiff from Darnels, J., at May Term, 1928, of WabeeN.

Controversy without action, submitted on an agreed statement of facts, to determine tbe liability of tbe Warrenton Grocery Company for tbe debts of R. L. Cook, either as partner or principal and agent.

From a judgment exculpating tbe said Warrenton Grocery Company from liability for tbe debts of R. L. Cook upon tbe facts agreed, tbe plaintiff appeals, assigning error.

J os. P. Pippen for plaintiff.

Williams & Banzet for defendant.

Pee Cueiam.

Tbe judgment is correct. Tbe case would be valueless as a precedent, hence tbe facts are not stated and no opinion will be written, other than this memorandum.

Affirmed.