BAKER, Justice.
This is an action of the case in assumpsit which was heard in the superior court by a justice thereof sitting without a jury. He rendered a decision for the plaintiffs in the sum of $1,055.60 and the defendant has duly prosecuted his bill of exceptions to this court.
The plaintiffs' declaration contains a book account, a count for goods, wares and merchandise sold and delivered by them to the defendant, and the common counts. The defendant...
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