The defendant has made no effort, by brief or argument, to maintain his exception, and it is untenable. Carr v. Clough, 26 N. H. 280, 293, 294; Heath v. West, 28 N. H. 101, 110; Locke v. Smith, 41 N. H. 346, 353; Young v. Stevens, 48 N. H. 133, 137; Heath v. Stevens, 48 N. H. 251; 2 Kent Com. (12th ed.) 236, n. 1, 240; Benjamin on Sales, s. 27, n. If the chattels were necessaries, the plaintiff was not chargeable for more than their value.

Judgment on the verdict.