Morse v. Congdon

By the Court,

Douglass, J.

Morse brought assumpsit against Congdon, before a Justice of the Peace, for $307 50, the price of 532 25-100 bushels of wheat, sold and delivered to the defendant on and. before the 28th of’ October, 1851. Plea,-the general issue, and payment. On the trial, the defendant admitted the sale and delivery of the wheat, and the price thereof, as alleged in the declaration. The plaintiff then produced his book of accounts, and offered to take the preliminary oath, and to be sworn as a witness in the cause, as provided for by sec. 85 of chap. 93 of the Revised Statutes,…