Martin v. Custer

This was an action by the appellees against the appellants upon a contract by which the defendants agreed to deliver to the plaintiff, at a stipulated time and place, ten thousand staves, at the rate of 30 dollars per thousand; the plaintiffs averring that they had paid 110 dollars on the contract, but that the staves liad not been delivered in pursuance of the terms of the contract, and averring that the plaintiffs were ready at, &c., to receive and pay for the same.

The defendants pleaded, each, the general denial; and jointly, that seven thousand of the staves ■ had been delivered, within…