Smith v. Sherwin

By the Court,

Watson, C. J.:

The complaint in this case charges the’ sale and delivery of goods, wares, and merchandise to the respondent at her special instance and request, and her promise to pay their reasonable value. The answer contains simply denials of the material allegations in the complaint.

Some evidence tending to show that the articles for the price of which the action was brought, were delivered partly on the order of her husband, Joseph Sherwin, since deceased, and were purchased for family use, was admitted on the trial without objection.

The appellant asked the court to instruct…