DELL, CHIEF JUSTICE.
Plaintiff, Oscar Hansen, instituted an action in the District Court of Hennepin County against the defendant James F. Proctor to recover the sum of $5,056.31 for merchandise and equipment sold to Proctor by the plaintiff between February 1 and August 1, 1948, and also against the defendants Theodor Herman and M.J. Besner for the sum of $5,056.31 based upon the claim that they had assumed and agreed to pay the indebtedness of Proctor to the plaintiff...
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