Campbell v. Sherman

This suit was brought on the common -counts to recover the price of two orchards of apples grown in 1878, and claimed to have been purchased by defendant. ■One orchard was owned by plaintiff and one by William Beach, who assigned his claim to plaintiff.

The case relied on is that the purchase was made in each •case at a round sum, by one Peter Cramb. There was evidence, although contradictory, tending to show that he •claimed to act either as agent or partner of Sherman. And ras there was no plea in abatement for want of parties, Sherman could be made to respond in the suit in case either of…