154 Pa. 413 | Pa. | 1893
Opinion by
The learned president of the common pleas was clearly right in directing a verdict in favor of plaintiffs for the amount of their claim.
It is conceded that the goods, for the price of which this suit was brought, were ordered by and delivered to the defendant; and thus plaintiffs had a clear prima facie case, entitling them to a verdict, unless some valid defence was shown. The only defence that was attempted was a novation of the debt, by the substitution of a new debtor in place of defendant, with intent to release the latter. The contention was that Knouff, as plaintiffs’ agent, agreed to release defendant and, in his stead, to accept Imler, defendant’s successor in the business, and look to him alone for payment. There was no sufficient evidence to justify
The case was correctly and carefully tried, and there is nothing in the record of which defendant has just reason to complain.
Judgment affirmed.