Heinberg Bros. v. F. Cannon & Co.

Taylor, J.:

F. Cannon & Co., the appellees, who were merchants, of Gralveston, Texas, sued the appellants, Heinberg Brothers, merchants, of Pensacola, Florida, in the Circuit Court of Escambia county in assumpsit. The declaration contained two counts: (1) indebitatus assumpsit in the sum of $673.47 for goods, wares and merchandise sold and delivered by the plaintiffs to the defendants at their request; and, (2), for goods, etc., bargained and sold by the plaintiffs to the defendants. The defendants plead to the first count of the declaration, that they never were indebted except in the sum of…