KNIGHT, P. J., February 1, 1955.
This is an action in assumpsit on a book account for goods and merchandise sold and delivered. Plaintiff is a dealer in building materials and defendant is a contractor. The claim is for $2,798.79 for building materials sold and delivered to defendant between June 24, 1953, and June 23, 1954.
Paragraph 5 of the complaint avers:
"5. The plaintiff, at the special instance and request of the defendant, sold and delivered...
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