Ogden v. Belfield

Opinion by

Keller, J.,

Plaintiff, sued in assumpsit upon a book account for merchandise sold and delivered defendant at his instance and request or at the instance and request of his agent or employee. He proved, without objection, that the materials in suit had been ordered by one Brannan, who was building a barn for the defendant, professedly on the latter’s behalf; that they were charged against defendant and delivered on his premises and were used in the construction of his barn; that on receipt of a bill from the plaintiff defendant at first refused to pay for the goods, but when the…