| Wis. | Jan 15, 1872
We are of the opinion that the court erred in holding that the entries in the books were conclusive upon the question to whom the credit was originally given. The fact that the goods were charged to Sandford was a very strong circumstance to show that the credit was given to him, and that the plaintiff looked to him for payment in the first instance. But it was not conclusive upon that point, but might be explained and made entirely consistent with the assumption of the defendant’s' primary liability. Hazen v. Bearden, 4 Sneed (Tenn.), 48; Swift v. Pierce, 13 Allen, 136; Walker v. Richards, 41 N. H., 388, where this precise question is ruled. If the credit was given entirely to the defendant, or, in other words, if the sale was really made to him, then the statute of frauds does not apply, and the defendant is liable though the goods were delivered to Sandford. And the fact that the goods were charged to Sandford was competent evidence to show that the sales were made to him and upon his credit; but it was not conclusive. It was open to explanation. And the jury might have been satisfied by the explanatory evidence, that , the goods were charged on the books to Sandford merely for convenience, in
For these reasons we think there must be a new trial.
By the Court.— The judgment of the circuit court is reversed, and a venire de novo awarded.