This section contains the nature of the case and procedural background.

Watteau (P) had sold goods on credit to Humble. Humble had done business at a beerhouse called Victoria Hotel. Humble transferred the business to Fenwick (D). After that transfer, the business remained in Humble's name except Humble had no authority to buy any goods for the business except bottled ales and mineral waters. All other goods were to be supplied by Ds. P sued D to recover the price of goods delivered for which it was admitted that P gave credit to Humble only. The trial court allowed the claim for cigars and bovril but not the other articles. D appealed.

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