Baisch v. Hoff

Indebitatus assumpsit for 173I. for twelve clocks sold by the plaintiff to the defendant, and also a count on a quantum valebant. Pleas non assumpsit and payment. Replication non solvit¡ and issues.

The plaintiff produced his'day book, and proved by his own oath, the originality of the entry therein of the articles sold to the defendant on the 24th November 1784.

The defendant grounded his defence on this, that the clocks were not sold to him, but delivered to him on commission to *198sell on the plaintiffs’ account and pay him the monies arising therefrom.

Approved and followed in 2 Wh., 36, where…