Alberts v. Baker

This cause is here for the second time. The opinion upon the former appeal is found in volúme 13, Ind. App. 399. This action was brought by appellants against the appellee to recover the price of five carloads of shingles. The complaint is in four paragraphs. The first two paragraphs of the complaint - proceed upon the theory that the shingles were sold to appellee by one E. B. Newton, who assigned his said account to these appellants. The third paragraph of complaint alleges a sale and *374delivery to appellee of five carloads of shingles by appellants. The fourth paragraph of complaint alleges…