Marshall Field & Co. v. Obeler

Plaintiff sued for a balance due on account of goods sold and delivered at defendant’s special instance and request to the value of $1,672.89, for which it was alleged an account had been stated on March 28, 1925. The defendant filed an affidavit of merits, the facts are not in dispute, and the court found as a matter of law that there was no liability and entered judgment in favor of the defendant on this finding.

It is conceded the defendant was indebted for the amount as claimed, but the affidavit of merits avers and the facts establish that after incurring liability as set forth in the…