Fairbanks, Morse & Co. v. Wills

This is an action brought by appellant to recover for the contract price of a certain boiler purchased by appellees from appellant. The trial below resulted in a verdict and judgment for the defendants and against the plaintiff for costs; to reverse that judgment this appeal is prosecuted.

There are four questions raised on the record. The first is upon the admission of the evidence under the condition of the pleadings. At the time of the offering of the evidence, the declaration consisted of only the common counts. The only plea filed was the general issue, and with the pleadings in this…