Smith v. Rogers

Smith and Hunt, who were the plaintiffs, sued the appellees, who were the defendants, upon the assignment and guaranty of a written contract. The contract is substantially as follows:

“ E. M. Weaver has this day sold Rogers, Reynolds and Martin, 25,000 bushels of corn, deliverable on board canal-boats, at points on the canal between Lafayette and Granville, and at Granville, in quantities similar to those hereinafter written, during the season next after the date hereof, at 39 cents per bushel, making the whole amount 9,750 dollars. And it is agreed that the first corn received by Rogers,…