Eliason v. Henshaw

This is an action, brought by the défend*226ant in error, to recover damages for the non-performance of an agreement, alleged to have been entered into by the plaintiffs in error, for the purchase of a quantity of flour at a stipulated price. The evidence of this contract, given in the Court below, is stated in a bill of exceptions, and is to the following effect: A. letter from the plaintiffs to the defendant, dated the 10th of February, 1813, in which they say: “ Capt. Conn informs us that you have a quantity of flour to dispose of. Wé are in the practice of purchasing-flour at all times, in…