Emery v. Langley

Prickett, J.,

delivered tbe opinion.

Hollister, C. J., and Clark, J., concurred.

This action was brought to recover a balance of one hundred and seventy dollars and ninety-one cents in gold coin, on a sale by plaintiffs to defendant of a span of horses, a wagon, and set of harness. Also, eight dollars and fifty cents on account for goods sold.

The defendant admits the purchase of the horses, wagon, and harness, but denies that the agreement was to pay in gold coin therefor, or that he agreed to pay the full sum charged therefor by the plaintiffs. He alleges that at the time of the contract it was…