Daily Republican., 1884-11-25
\ EOI7Ii

Gi nrs *. with ali tbs ia aSs,,I, I.
9 Ga;s. was As drawn. and the So ,1 PC
a. 4, m ,r,'., & Company i Y ~ :,
Esqs., Tor the plairtiT .nS * = Vaud
hsq.ior the defendants, TN Th' ueots
on u book account, TO rsc au.s sau
1873. ' u'irhdant Jul
Joseph G. oller was ,vo.
, ,nn ~ that in 1878 he was SAW a hod m
. .or the Geiser Manufac,uurinn00I q.
emu in his book of the 10 ,,i @a
tnls machine. He produced ~ \, p
ping book Of the eomn uvea TIE
entry, and Mr.. vandegiiflt ,l, W
this book was a book ,' I ~
and as such could u I.
.vidence. M, Gray obisc, 0 e
ground that the 6ook '' ~ q
osa cry, was entered was the o,, Su
OF entry, AMI that the ona ~, !
could not be offered in \, sv Sds
Mr.. Gray. p''u' al
=. The witness then procsed,, :,
ted that the list price of tbs
WAS A70, but it had been s .aH
Whorter & Company a, :. ' 4 i.oo
10 per cent. making theisctnsi h
he was confident that ,be m,oS
ne'er been paid for, and thar n.
ter q Company had neither n,
Tor 1t, or given a not =,
thing on which money could h.
cd. The works OF the Ge,.s, n,
turing Company are located At y
burg, Pa.
j. ID. Linton, testified thu, /.
agent for the company. WIZ
machine was first sod 10 NAV
& Co. the witness wen, 10 81 v
70 see the machine work. One
firm was ::present, and The win,
tue party 10 whom Mcwbort
sold the machine, pay him 81
$3.50.
he afterwards went 10 The hot
Mr.. McWhorter 10 settle And nd
the bill, Mr. Mcwho
jected, on the ground that the "a
was 10 have paid the freight. and
ed the witness 10 make deduct
b20, which he declined to do, bat
known there would nave bed
trouble about tho matter, hs
have made the reduction 10 OBJ
Mr.. McWhorter then tod The
that rs he would not make the
ton, he would write to the IN
send them his check. Asnolhiu
heard from him, the witness cal
at his place of busin
reminded him OF the fact tina. ,hl
had not been sent according TO 81
and Mr.. McWhorter answered
thought his brother had sent 4
hat time he gavuthe witness 3
Tor $3s, and two small notes. bus
best of G o witnesEe,' know I, dge
were never paid.
Joseph G. Oller was recsIle
that the two small no
reived by Linton from Mr. New
were paid to the company. bu
never bonored BY The makers.
closed the evidence, aud N, On
the defendant, a.sei ior uOa 50
The ground that The pariicpia
forth that this sas an action TO r.
b399. 80 from the defendants, ior
chine which they had sold i
plaintiffs and the suit Is now 3
TO recover the money from the
ants for a machine sold 10 them
plaintiffs. He claimed that tl'
ney for the prosecution had moth
suit according to the bill Of partl
and he was entitled TO a non sun
Mr.. Vandegrift argued again
Gray's motion for nol-sal1
claimed that he was not Oolhd
his suit according to tbs bill Of
lars, but according TO the mar
Gray again argued IN support
motion. -
The Chief Justice d4.lVe'a
ppinioD of the Court, and said q
iority we're in favor OF ordering
dict OF non. suit. He cave the Iea
the decision, and when DO COS
urged thai the sF'u
which MIR. Gray asked for iae
were merely technical, anu Nv
be- allowed, as it will throw %
liffs out of Court, and deprive
an opportunity To obtain jusllc,s
non suit was granted, and a.
Court adjourned until . ''''A
,ornoon.