Lambert v. Bowman-Moore Hat Co.

Upon the original submission we thought the bill of exceptions in this case should be stricken, for the reasons stated in our opinion. And we so held.

But the Supreme Court has corrected us, on that point, so we now proceed to treat the assignments of error argued and insisted upon by appellant in his original brief, filed in the cause.

The suit was by appellee against appellant; the complaint being in the form of what is known as "on the common counts," one count of same claiming as for "money due by account," another, as for "goods sold the defendant (appellant)," etc., and the action was…