Doe

The cause of action is stated in two counts, in the first of which it is alleged, in the amended complaint, that Richard D. Chandler, at the instance and request of defendant, sold to defendant and delivered to the steamer “Eureka,” of which he was the managing owner, certain coal, to wit: between December 4, 1907, and December 30, 1907, 203 tons, at the agreed price of $1,423.20; between the dates of January 4, 1908, and January 29, 1908, 212 tons, at the agreed price of $1,490.40; between February 3, 1908, and February 28, 1908, 197 tons, at the agreed price of $1,381.20; and between March 4, 1908, and March 28, 1908, he sold and delivered to defendant 184 tons for which defendant agreed to pay the sum of $1,292.15. It is alleged: “That the total sum so agreed to be paid by defendant on account of said coal bargained, sold and delivered as aforesaid, is the sum of $5,586.95; that on or about the 28th day of March, 1908, said open book account was closed and a balance upon said open book account was struck and ascertained and the total sum due, owing and unpaid on account of said balance was the sum of $5,586.95 and said last named sum became due and payable on or about said last…