Nicholson v. Paston

The defendant appeals from a judgment of the municipal court rendered against him for thirty-two dollars and costs. It appears that he ordered a suit of clothes from the plaintiff, who-is a merchant tailor, for which he agreed to pay thirty-two dollars. When the clothes were made the plaintiff sent them to the defendant, who told the messenger to take the goods back to Mr. Nicholson, and when he was ready for them he would call for them. He never called for the clothes, and never paid the plaintiff. On the trial the plaintiff was permitted to amend his complaint so as to conform to the facts.…