Green v. Fonbene

The judgment of the court was pronounced by

Seidell, J.

The plaintiff and the defendant agreed, the former to furnish within a certain time, and the latter to receive and pay for at a certain rate, a quantity of staves. The defendant bound himself in a penalty of $5.00 for the performance of his part of the contract. Two or three months after this contract was made and before the period for its execution had expired, the defendant addressed a letter to the plaintiff, in which, after stating the depressed .condition of the foreign and domestic market .as to the article contracted for, he says it…