The defendant Gibson and one Lee formed a partnership to trade in slaves, horses, cotton and tobacco. The action was one of assumpsit to recover from Gibson the price of a mule that Lee (who had since died) had purchased, according to his declarations taken in evidence, from the plaintiff White for the use of the firm. These declarations were ruled out by the court, and this was objected to by the defendant. The Supreme Court ruled that the mule had been bought by Lee without his revealing, at the time, that he was buying it for the firm, and that membership of a partnership did not preclude partners from buying on their own account. Lee's declarations were thus affirmed to be inadmissible.