Ball v. Benjamin

This mbs an action brought by plaintiffs to recover the value of a machine called a double saw bench, made by plaintiffs for one Call, to be used by him in his planing mill. After Call ordered the machine, but before it was delivered, the defendant entered into partnership with Call, but Call, when the machine was delivered, gave his individual note for it. This suit is based on the theory that, when Call and the defendant subsequently dissolved their partnership, the defendant undertook to pay this, among other debts.

The plaintiffs offered in evidence a bond executed by defendant to Call at…