Henry Hess & Co. v. Baer

This action was brought by plaintiff, a corporation, for goods sold and delivered. The answer denies the sale and delivery of the goods. On the trial it appeared that the goods were originally ordered by one Nugent, who was a tenant of the defendants. The plaintiff proved that subsequently the defendants directed their manager to take the receipts from the sale of plaintiffs goods, and pay their bill. This was, however, denied by the defendants. The trial justice in his charge to the jury instructed them that if they believed that the defendants instructed their manager to take the receipts of the sale of plaintiff’s goods, and pay their bill, that made the defendants the original debtors, and they must find for the plaintiff. To this portion of the charge an exception was taken. We think the trial justice correctly stated the law in his chaige, and, as there is no other question raised by the appellants, the judgment appealed from must be affirmed, with costs.