Tennessee Supreme Court April 15, 1839 (Jenkins v. Atkin)

Green, J.

delivered the opinion of the court.

It has been insisted for the defendant in this case that there was no mutuality in the agreement set up in the bill, and that therefore he is not bound to perform it; while the complainant’s counsel contends that Jenkins was personally bound by the contract he made in the name of Philpot, because of his want of authority to make that contract, and