Joly v. Stoneman

This is an action of contract on a written order in favor of the plaintiff from The Homebuilders, Incorporated to the defendants which was accepted by them. The declaration is in two counts. The case is before this court on the first count only, since, on motion of the *354defendants, to the allowance of which the plaintiff did not except, there was a directed verdict for the defendants on the second count.

The first count alleges that the defendants accepted a written order* drawn on them by The Homebuilders, Incorporated in favor of the plaintiff upon which the defendants owe the plaintiff…