Auto Stores, Inc. v. Foss-Hughes Co.

Opinion by

Porter, P. J.,

The plaintiff in this action of assumpsit sought to recover from the defendant for goods alleged to have been sold and delivered, by the former to the latter. The defense was that the defendant had no dealings with the plaintiff, with regard to the goods in question, but that said goods were sold and delivered by plaintiff to one Brooks, who owned the truck upon which the automobile tires were placed. Upon this issue the judge of the court below, trying the case without a jury in accordance with the election of the parties, found for the defendant. The plaintiff…