Tremont Electric Co. v. Lang

Plaintiff is suing the defendant V for goods sold and delivered by the plaintiff to the defendant on a running account.” The balance due on this running account was $758.60.

The defendant, about to enter the hospital, offered to give the plaintiff the key to his store and to give the plaintiff all the *984materials and merchandise, owned by the defendant, and located in the store, and to give the plaintiff the right to use or sell the material.

The testimony of the parties is in conflict as to the precise terms of the agreement; it being testified on behalf of the plaintiff, that the plaintiff was…