Marshall v. Gridley

This was an action of assumpsit, brought by John Gridley, in the Peoria Circuit Court, against Samuel Marshall, to recover damages for a breach of contract to deliver from ninety to one hundred hogs. The declaration contained a special and the' usual common counts. Defendant pleaded the general issue and seven special pleas. The second plea was to the first count, and averred that defendant was ready, willing and offered to deliver the 'hogs mentioned in the contract, at the specified time, upon plaintiff paying the contract price, which was demanded and refused. The third plea is to the same…