Flint v. Kennedy

This is a motion by the defendant for a new trial of an action at law upon the ground of the improper admission of testimony. The action was to recover the sum claimed to be due from the defendant for a large quantity of goods and merchandise, consisting mainly of furniture, which had been delivered to him by the plaintiffs. The defense was that the amount for which the goods were contracted to be furnished had been substantially paid. The point in dispute was whether the wood-work in certain rooms upon the first floor of the defendant’s house was included in the original and verbal contract…