Hamilton v. O'Rear

Plaintiff’s case is based upon the theory that he sold and delivered to defendant his merchandise stock at the cost price thereof, for which defendant refused to pay, though he accepted and made use of the same. Defendant insists that he made no such purchase, but had merely told one De Mooney that he would advance the money to him for the purchase of the goods if given proper security, and, as De Mooney was unable to give the security, defendant had no further interest in the matter.

The case was by plaintiff presented in several common counts, and special count 9, and it is insisted the…