Moore v. Payne

Judge Ewing

delivered the Opinion of the Court.

Moore contracted to deliver to Payne, at Monday’s ferry, on the Kentucky river, for transportation to the southern market, one thousand sacks of good, sound, merchantable corn, in sacks of two bushels each, for sixty one cents per sack. One thousand and eighteen sacks were delivered, and received and transported to New Orleans, and sold by Payne to one Walsh, at one dollar and twenty five cents per sack.

Upon inspecting the sacks, it was discovered that the corn in three hundred and forty seven sacks was so rotten and spoiled that Walsh declined…