Gardner Price & Co. v. Towsey

OPINION OF THE COURT.

Tfjjs was an action of assumpsit brought by Zerah Towsey and Robert Chambers, merchants, trading under the style and firm of Zerah Towsey & Co. against Gardner Price and John Fisher, late partners, doing business under the stile of Gardner Price & Co. for goods, wares and merchandise, and for money laid out and expended.

The general issue was pleaded with notice of relief. On the trial the plaintiffs' introduced a witness who declared, that one of the plaintiffs had contracted with the firm of Gardner Price & Co. for the building of a brick house in the town of Burlington;…