Aetna Carpet Co. v. Penzner

BARTLETT, J. pro tem.

The complaint in this action was on a common count and alleged: “That within two (2) years last past, immediately prior to the commencement of this action, the defendants became indebted to the plaintiff in the sum of Two Thousand Five Hundred Seventy Dollars ($2570.00) for goods, wares and merchandise sold and delivered by the plaintiff to the defendants, at the special instance and request of the defendants. ’ ’ The answer generally and specifically denied this allegation.

The first witness called at the trial of the action was the general manager of the plaintiff, which…