Service Fuel Oil Co. v. Hoboken Bank for Savings

The opinion of the court was delivered by

Heher, J.

Plaintiff sued for the price of fuel oil “sold and delivered to the defendant,” at the latter’s request. The asserted cause of action was pleaded in two counts, viz.: (1) for the price of goods sold and delivered to defendant, and (2) upon a “book account,” which, so far as is disclosed by the state of demand and the copy of the attached account, did not run against defendant.

The question of whether defendant undertook and promised to pay in manner and form thus charged elicited conflicting evidence. Defendant’s interest in the premises so…