Henri Peladeau, Lte. v. Fred Gillespie Lumber Co.

Crosby, J,

This is an action of contract brought to recover for merchandise sold and delivered at various times to the 'defendant. The case is before this court on two bills of exceptions. The defendant filed an answer containing a general denial, payment, breach of contract, and a declaration in set-off. The writ is dated June 12, 1923, and was returnable the first Monday of July. On May 22, 1931, Henri Peladeau filed a substituted motion wherein it was requested that as a party interested he might be allowed to prosecute the action in the name of the original plaintiff. The motion was heard…