Carroll & Murphy v. Benedictine Society

Bryan, J., delivered the opinion of the Court. Carroll and Murphy sued the Benedictine Society of Baltimore City and the Reverend Philip Kretz. The evidence showed that the Benedictine Society owned the Fourteen Holy Martyrs Church, and that the Reverend Philip Kretz was the rector of the church, and that he had charge and care of the property, and ordered supplies for the church. It was further shown that he ordered a quantity of coal from Gray, a coal dealer, who held a lease of a coal yard belonging to the church.

Gray applied to Carroll and Murphy, and they by agreement with him furnished the coal. They agreed to pay Gray a commission of fifteen cents per ton. As the coal was delivered, tickets were sent with it; some of them were delivered to the Rev. Mr. Kretz, and some to the sexton of the church. After the coal had been delivered, Carroll and Murphy sent in a bill for it to Mr. Kretz, and shortly afterwards Gray sent in his bill.

Mr. Kretz called on Gray for an explanation, and Gray said that Mr. Kretz was to settle with him, and not with Carroll and Murphy. Mr. Kretz testified that he never recognized Carroll and Murphy’s bill, because he had not ordered any coal from them. He paid Gray for the coal, and told him to settle with Carroll and Murphy. He had nothing to do with any understanding between Gray and.Carroll and Murphy.

Gray has never paid Carroll and Murphy. The Court ruled that there was no evidence entitling the plaintiffs to recover, and the verdict and judgment being against them, they appealed. The defendants had no contract with the plaintiffs. ³¹⁹ They contracted with Gray for coal, and wdien Gray in pursuance of the contract caused the coal to be delivered to them, his right of action was complete, and he could have recovered the price of it from them. They therefore paid him.

Gray made an agreement with the plaintiffs, whereby they supplied the coal. The defendants were not parties to this agreement; and certainly they in no manner became Gray’s sureties for the performance of his engagements with the plaintiffs. They were not responsible in