Brannan v. Strauss

This is an action of assumpsit, by appellees against appellants, for goods sold and delivered.

The evidence shows that the goods were consigned by appellees to appellants, to be by them sold, and accounted for monthly, as they should be sold; "that the goods were received and sold by appellants, but no account of sales was rendered; and that appellants have never paid for the goods.

It is objected that the evidence fails to sustain the cause of action as stated in the declaration, and that the judgment is therefore erroneous.

This objection comes too late. Ho objection was made to the…