Gross v. Martin

The bill of exceptions recites this action as of as-sumpsit to recover for groceries ordered by the defendant. On the authority of the bill, these were the trial court issues: (1) Whether credit hád been given directly to the defendant? (2) Whether defendant orally promised to pay the debt of a lunch concern? The jury found for the defendant. Exception by plaintiffs goes to the exclusion of evidence.

This question had been asked defendant on cross-examination:

“Mr. Martin, weren’t the goods ordered before you had completed the organization of the corporation?”

*446He answered:

“No, I don’t think so.…