
    Montgomery v. Walton et al., trustees.
    Submittéd May 18, —
    Decided June 4, 1900.
    Complaint on account. Before J. IT. Martin, judge pro hac vice. Marion superior court. . October term, 1899.
    
      W B. Short and Simeon Blue, for plaintiff.
    
      Shipp & Sheppard, for defendants.
   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.  