Montgomery v. Walton

Lumpkin, P. J.

1. The trustees of a church are not, as such, liable for the price of lumber sold and delivered to the pastor on his individual account, when in making the purchase he neither acted as agent of the trustees nor had authority to do so ; and this is so though the lumber was, with their knowledge, used in improving the property of the church.

2. Under the facts appearing the court was right in granting a nonsuit.

Judgment affirmed.

All concurring, except Fish, J., absent.