Pierson v. Spaulding

Since this case was before us on a former occasion (61 Mich. 90), the declaration has been amended by filing two special counts, in the first of which it is averred that, in consideration of $1,500, — to be paid as follows: $1,500 in money, and the balance in conveying a farm of 63 acres, — the plaintiff agreed to sell, and did sell and deliver, to defendant, his stock of hardware, tinners’ tools, and store fixtures, excepting whatever said stock should inventory over and above $1,500, to be paid by defendant upon delivery thereof to him; which delivery the plaintiff avers was made on the…