Hicks v. Leaton

This is an action of assumpsit brought to recover the value of 662,392 feet of hemlock lumber, which it is alleged the defendants failed to deliver under a bill of sale for 1,500,000 feet, given by defendants to plaintiffs on the nineteenth day of January, 1884.

The declaration contains three special counts, to which are added the common counts.

The defendants’ pleadings are the general issue, with •notice that the defendants would show on the trial a satisfaction and discharge of the liability claimed in the declaration.

The cause was tried before a jury in the Clinton circuit, and the…