Saxton v. Allen

The plaintiffs entered into a contract with the defendant by which they sold and delivered to him a certain quantity of cord-wood at $4.75 per cord. Subsequent to the sale and delivery it was ascertained that there was a mistake in the measurement of the wood, and that there was a greater number of cords than what was paid for, and this action was commenced to recover the amount claimed in consequence of this mistake. The trial was had before the court and a jury, and the verdict was for the plaintiffs. With the weight or preponderance of the evidence we have no special concern, but upon an…