Lorborbaum v. Leviy

Mr. Presiding Justice MoSurely

delivered the opinion of the court.

Plaintiff brought suit to recover the purchase price of merchandise sold. Upon trial the court peremptorily instructed the jury to find for plaintiff and judgment was entered against defendants for $1,813.95, from which defendant Elia Leviy appeals.

The defense asserted by Leviy’s affidavit of merits and presented on the trial was that at the time the goods in question were sold he was no longer a member of the copartnership, which had been dissolved, and that plaintiff was advised, of this fact.

The order for the goods was given…