Elkan v. Hitchcock

The plaintiff’s cause of action is for goods sold to the defendants. In their complaint they allege that on the 18th day of December, 1898, they sold and delivered to the defendants/ whisky of the value of $110.25; that $74.45 has been paid, leaving a balance due the plaintiff’s of $35.80. The answer denies the indebtedness, and alleges payment. It appears from the evidence that the goods were sold to the defendants, as alleged in the complaint, by one Slater, acting for the plaintiff’s on commission; that Slater was owing the defendants $35.80, for liquor bought at defendants’ place from…