Perry v. Stayton

Citations

• 25 Del. 529
• 2 Boyce 529
• 82 A. 87
• 1911 Del. LEXIS 80

Syllabus

<p>1. Sales — Action for Price — Complaint.</p> <p>In an action for goods sold and delivered, counts of the complaint which charge that the goods were bargained and sold to the defendant, and delivered at his instance and request to another person, are not insufficient, as based on a contract of sale without consideration.</p> <p>2. Pleading — Action for Price — Separate Counts on Same Cause of Action.</p> <p>Though a complaint in an action for goods sold and delivered contains counts charging a sale and delivery to the defendant, joined with others charging a sale and delivery to a third person at the instance and request of defendant, and others charging a sale to the defendant and a delivery at his instance to a third person, it is not defective for joining inconsistent causes, as the object of such counts is merely to guard against a material variance in the proof.</p> <p>3. Sales — Actions—Question for Jury.</p> <p>Where, in an action for goods sold and delivered, the evidence is conflicting as to whether the defendant either ordered the goods in question or secured the payment therefor by a third person, the question as to whether or not he purchased the goods was properly for the jury.</p> <p>4. Evidence — Preponderance.</p> <p>In an action for goods sold and delivered, the verdict of the jury should be determined from a preponderance of the evidence, by which is meant the weight, and not merely the number of witnesses called and examined.</p>