Abilheira v. Faria

This is an action in assumpsit to- recover for goods sold and delivered and on 'book account. The action was tried by a justice of the superior court sitting without a jury and resulted in a judgment for the plaintiff in the amount of $1,597.83 and -costs. The case is in this court on the defendant’s appeal therefrom.

It is not disputed that -defendant, who operated a mobile canteen, had for some time purchased bakery products from plaintiff for resale in that business. There is evidence that for some -time defendant had made weekly payments on this account but that in 1957 he fell behind in…