Wm. H. Frear & Co. v. Bailey

The plaintiff in its amended complaint has proceeded on two counts, first, to recover the reasonable value and agreed price of goods, wares and merchandise alleged to have been sold to the defendant, the actual sales and deliveries of which were made at the order of and to the defendant’s wife; the second is on an account stated for the same goods, wares and merchandise. Answering the allegations of the amended complaint, the defendant enters a general denial and as an affirmative defense alleges that at the time of the alleged sales and deliveries he was living apart and separate from his…