Lewis v. Clarkin

Field, C. J. concurring.

This is an action upon an account for goods, wares and merchandise sold and delivered. The sale and delivery are denied; and on the trial it appeared that the articles had been purchased by Clarkin on his individual account. By his direction they were subsequently charged to himself and his codefendant, Jenkins; but it was not shown that this fact was even known to the latter. The case not being made out as against him, the Court held that the action must fail as to both defendants. The findings establish the liability of Clarkin, and it is contended that the plaintiff…