Cassard v. Hinmann

Hoffman, Justice.

The complaint in this action states, that the defendant, Hinmann, on the 13th of May, 1856, agreed to *85sell to the plaintiff 500 barrels of mess pork, deliverable all the month of September, 1856, at the rate of $17 per barrel, cash on delivery: the seller to give the buyer five days’ notice to receive and pay for the same. The contract is dated in New-York. The complaint avers the expiration of the time agreed upon; that the defendant had omitted to give,the notice; a demand for the delivery of the pork, and a refusal. The plaintiff asks judgment for his damages.

The defendant…