Brainard v. Turner

This was an action of assumpsit by appellee against appellants upon a count for goods bargained and sold, and the common counts, to which Brainard plead the general issue, and Baker in abatement denying his joint liability—both verified by affidavit.

The case was, that Brainard being out West buying butter for shipment to Baker at Chicago, and falling in with appellee, who was in the same business, arranged with him that the aggregate of their several purchases should he divided between them and paid for equally.

Having thus bought, divided and shipped a car load, it appeared upon looking over…