Julius King Optical Co. v. Treat

This action is assumpsit, commenced by attachment on the ground of fraud in the sale of a bill of goods by the plaintiffs to the defendant. The ■cause was tried by jury, and the defendant had judgment in his favor. Defendant claimed that he bought the bill of goods on four months’ time, and the plaintiffs claimed they were sold for cash; that the goods were sold to defendant on March 15, 1887; and that the bill thereof amounted to $419.40.

Upon the trial the agent who sold the goods, when upon the stand, testified that he sold them to the defendant for the price named. 'This testimony was…