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Plumb (P) sued Curtis (D) for building materials purchased by D. P had furnished materials for three houses on Simeon Plumb's order, and D admitted responsibility, therefore. P then furnished materials for an additional five housed also on Simeon Plumb's order, and D denied liability claiming that the materials had been sold to Simeon. P was allowed to testify that Simeon was a man of no property, so far as he knew (i.e., poor). The jury returned a verdict for P and D appealed.

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