Hopkins v. Rodgers

The complaint was for goods sold and delivered. The plaintiff did not prove either delivery or value, except by showing an agreement by one Witton, said to be an agent of defendant, to pay a certain price. It appears that there was some dispute about the amount delivered, and that, after some discussion, Witton agreed to pay a sum, and plaintiff’s assignor accepted the offer. If Witton was authorized to represent defendant, his offer of compromise involved an admission of delivery, and also an admission of value, up to the amount of the offer. Other evidence of value, there was none. The…