Harris v. Merlino

The opinion of the court was delivered by

Oliphant, Chancellor.

This is an appeal from a judgment entered on a verdict of the trial court in favor of the plaintiff-respondent, and against the defendant-appellant after a trial without a jury.

The complaint consisted of two counts, the first based on an account stated and the second “for the price of goods sold and delivered to the defendant upon a book account.” The answer and separate defenses amount to a general denial except the sixth separate defense which alleges that the defendant was the highest bidder for certain goods at an auction sale,…