Murray v. Ware's administrator

OPINION of the Court, by

judge BIBB.

The administrator declared in assumpsit, 1st. for goods, wares and merchandize sold and delivered at a certain price; 2d1y. for work anti labor performed, to the amount of a sum certain; 3dly. upon a quantum meru~t for services rendered by the intestate as a storekeeper and clerk. On the trial of the issues two bills of exception were taken by Murray, the appellant, out of which the questions now presented for consideration arise. It appears that the evidence in support of the action applied only to the third count: that the witness on behalf of the…