Ewing v. French

Assumpsit by French against Ewing and others. The declaration contains a general count for goods, wares, and merchandise; and a special one, for wheat sold and delivered to be paid for in flour. Plea, non-assumpsit. On the trial, three bills of exceptions were taken by the defendants to the opinion of the Court, in refusing certain instructions to the jury. Verdict and judgment for the plaintiff. The defendants appeal.

According to the first bill, there was proof that the plaintiff was a trader in partnership with others; that he was agent for his partners; that in the contract with the…