McKinnie v. Lane

Since the-submission of this cause the appellant died, and his executors were substituted upon the suggestion of his death. The parties in this opinion will be referred to as the record stood prior to the substitution of McKinnie’s executors.

This is an action in indebitatus assumpsit supported by the common counts, to which was interposed the general issue. Subsequent to the filing of the declaration, and on October. 3, 1903, appellee filed the following bill of particulars :

“•To two pictures by Dupres & Mueller.... $3500

By cash.............................1,700

“ 2 pictures Hammerstadt, price…