Ochs v. Reynolds

Opinion by

Rhodes, J.,

In this action in assumpsit brought by plaintiff to recover for lumber alleged to have been sold and delivered to defendant the jury found for defendant. Plaintiff has appealed from the judgment.

Plaintiff at the trial offered in evidence those paragraphs of the plaintiff’s statement of claim which were admitted or not denied in the affidavit of defense, the corresponding paragraphs of which were likewise offered. Paragraph 3 of the plaintiff’s statement and the corresponding paragraph of the affidavit of defense were among those offered and received in evidence. In…