Smith v. Walat Stutzman

Opinion by

Baldrige, J.,

The plaintiffs brought this action against George Walat and Walter A. Stutzman, Administrator of Joseph Walat, deceased, jointly, to recover for certain building material sold and delivered.

There was no denial that the supplies were purchased and delivered, but George (or Gregor) Walat denies that he was the purchaser and contends that he went to the store of the plaintiffs with his son who bought the materials. The court submitted to the jury, for their determination, the issues involved and gave in structions that a verdict could be rendered in favor of either of the…