Whitcomb v. Whitney

The main facts in this case are undisputed. On tbe sixteenth day of March, 1871, the parties made a contract evidenced by tbe following writing:

*487“Detroit, March 16, 1871/

“Beeeived .of D. Whitney Jr. five hundred dollars on account for all. the upper qualities and select common and cutting up or fine common lumber that I make at Bock Falls in town of Sand Beach, Michigan, this season, at fair price, what said Whitney can afford to pay; the^ lumber is to be delivered on rail of vessel when lumber is ready to ship, or when vessel is ready to send for it. '

(Signed) “ Hiram Whitcomb.”

The defendant…