Brown v. Curtis

CHIPMAN, C.

Action for the value of certain nursery trees sold and delivered to plaintiff’s assignors. Defendants answered by general denial and also set up specially, by separate answer, certain facts alleging the failure of plaintiff’s assignors to comply with the terms of the contract under which the trees were delivered. The pleadings were not verified. The trial was by a jury and plaintiff had the verdict. Defendants appeal from the judgment and from the order denying their motion for •a new trial.

It is claimed by appellant that there was no evidence introduced to prove an assignment or…