Kellam v. Brown

MacRa'e, J.: We have been favored with neither argument nor brief by defendant’s counsel. On examination of the record we find certain objections to depositions, and to some of the questions and answers therein, and exceptions noted to his Honor’s rulings, but they are not stated in the case on appeal, and we must presume that they are not now insisted on. The defendant excepts to the instructions given by his Honor as to assignment of the claim sued upon to plaintiffs. Without any suggestion as to the error in this instruction we have been unable to discover it. The agreement between the parties is not such as is contended by defendant in that it would constitute the defendant a factor or commission merchant, the agent of the plaintiff for the sale of the goods mentioned, but clearly contemplates a sale. We concur in the views of his Honor as expressed in his instructions to the jury. There is No Error.