Thomlinson v. Earnshaw

This was an action of assumpsit, brought by Emanuel Earnshaw and others against John Thomlinson and others, on an account for stone furnished by the plaintiffs from their quarry, in pursuance of an oral contract with the defendants, to be used by the defendants in erecting a court house at Washington, Indiana. The declaration contained only the common counts, to which the defendants pleaded non assumpsit, and also a plea of set-off, claiming damages of the plaintiffs in consequence of the inferior quality of the stone furnished under the contract. The evidence shows that the stone was…