Gaffield v. Scott

This action was commenced against appellant and his wife, and the special counts in the declaration were for goods, wares and merchandise sold and delivered to defendants, “ the same being for the expenses of the family of said defendant, and delivered to and so used by said defendants,” and there were also the common counts. Upon the trial the action was dismissed as to the wife, and proceeded to verdict and judgment against appellant. The proof was that the goods were purchased by the wife, but there was no proof as to the delivery of the goods to any person or at any place. There was some…