orally.—In Belknap v. Mitchell, it was proved that the goods were delivered to one or the other of the defendant’s agents, and at the place ordered. In this case, it is not shown to whom the delivery was made. It does not therefore appear that either the defendant or any agent of his had the articles. A plaintiff’s book showing that he made a delivery to somebody is not competent evidence to charge a particular person.

Exceptions sustained.