Swindell Bros. v. Gilbert

This is an action of assumpsit, brought by the appellees to recover for certain lumber alleged to have been sold to the appellants. In the original writ, the firm of Davis and Brother were joined as defendants, but before the case went to the jury they were dismissed on motion of the appellees. The judgment being against the appellants they have appealed.

There were five exceptions; four to the admission of evidence, and one from the refusal of the Court to grant the first, second, fifth and seventh prayers asked for by the appellants.

The main question in the case was whether any evidence had…