Gatlin v. . Kilpatrick

The bill stated, in substance, that in February, 1806, the complainant purchased from the defendant a stud horse for £ 150, payable the ensuing Christmas; but that it was agreed between them, if the horse died before the end of the season, no part of the price was to be paid, (148) which was attested by witnesses, and a note drawn expressing the same; that the defendant refused to receive this note, as the condition rendered it unnegotiable, but repeated his determination to abide by the conditions, nevertheless; on which the complainant gave an unconditional note. That the horse died a month…