Moore v. Waddle

By the Court, Currey, C. • J.:

By the complaint it appears that the defendant and one Grist entered into a contract under seal, on the 13th day of February, 1865, by which the former agreed to deliver to the latter, or upon his order, twenty tons of hay at a designated place in El Dorado County, on or before the first of April then next. On the 14th of February, Grist assigned Ms interest in the contract to the plaintiff by an indorsement in writing thereon, and thereby authorized the defendant to deliver the hay to the plaintiff or his agent on or before the first of said April. The hay was…