Foote v. Reece & Son

We do not consider it necessary to amplify or discuss the rulings stated in the headnotes, but in order that the points passed upon may be better understood, the following statement of facts is appended: Eeece & Son sued Foote in a justice’s court, attaching to the summons a bill of particulars reciting that the defendant had bought from a certain firm, afterwards succeeded by the plaintiffs, various items therein set forth, aggregating $52.30. The case was tried on appeal in the superior court, and the trial resulted in a verdict in favor of the plaintiffs, and a motion for a new trial was…