Wells v. Sharp

The petition alleged a sale and delivery of four carts, by the plaintiff, to a firm in which the defendant was one of the partners. 'The answer was simply a denial.

The case was submitted to the court without a jury, and plaintiff’s testimony showed that the defendants received from plaintiffs four carts, which were valued at a certain price, and that in place of them the defendants were, on a certain day, to deliver plaintiffs four other carts of equal goodness in make and of equal value. This they did not do. Plaintiffs then presented their hill to the defendants for the value of the carts,…