ASSUMPSIT by Mattóx against John H. Watson and Henry Allen, for a quantity of plank sold and ■ delivered. Plea, the general issue. There was'some evidence of Watson’s acknowledgment of his having received the plank; but there was no proof of any liability on the part of Allen.

Held, that this being an action on a contract against two persons, and there being no evidence except as to one of them, the plaintiff could not recover. 1 Chitt. Pl. 50.