Chu Chung v. Jellings

OPINION OF THE COURT BY

PERRY, C. J.

An action of assumpsit was brought against the administrator of a deceased person for the sum of $315,70 and interest for goods, wares and merchandise sold and delivered by the plaintiff to the administrator’s decedent. Trial was ,had before a jury. Both parties having presented their evidence, the court, upon the motion of the plaintiff ahd against the objection of the defendant, instructed the jury to render a verdict in favor of the plaintiff for the amount claimed; and the jury did so. The defendant in the action thereupon sued out a writ of error to,…