Hussey v. McGilpin

Assumpsit on an agreement between Hussey and McGilpin, that the former should deliver to the latter, at Hussey's farm, one hundred head of steers, weighing not less than one thousand two hundred pounds each on foot, at 1 dollar and 75 cents per hundred pounds. McGilpin advanced 50 dollars to Hussey on the contract. Plea, the general issue, and, as to the 50 dollars, a tender. The cause was submitted to a jury; verdict and judgment for the plaintiff below. A motion for a new trial was overruled ; but the bill of exceptions does not profess to set out all the evidence.

Several objections are…