Chambers v. Short

This is an action on account for twenty-five parts of Dope’s Gallery, at $1 per part, and for binding two volumes of the same at $12.50 per volume. The answer pleaded payment. The court tried the cause without *205a jury, and the finding and judgment were for defendant, and plaintiff' has appealed to this court.

The evidence for plaintiff was that the agent, who sold the books by subscription, had no authority to receive payment for them; that in August, 1878, plaintiff'received from defendant, by express, twenty-five parts of Doré’s G-allery with directions to add twenty-five other parts and bind…