Park & Tilford Import Corp. v. Vaux Hall Liquors, Ltd.

The opinion of the court was delivered by

Bodine, J.

Park & Tilford Import Corporation sold to the defendant, a limited partnership, merchandise of the value of $676.68. $305 was paid on account.

To a complaint charging the defendant with liability upon contract there was a voluntary nonsuit in the District Court. The action was taken because of the provision of B. S. 42:3-5. A new complaint was then filed charging the partnership with liability because of the receipt and use of the merchandise which was paid for in part only. The District Court gave judgment which, on appeal, was reversed by…