C. C. King Co. v. Aldrich

The plaintiffs, who were the proprietors of a meat market, agreed to buy “two good large hogs” of the defendant, intending, as he knew, to sell them for food. After the plaintiffs had paid for the hogs, they discovered that they were diseased and could not bo sold. Laws 1907, c. 48, s. 3, par. 7. Neither of the parties, however, either knew or were in fault for not knowing that fact. It can serve no useful purpose to consider the distinction between an executed and an executory contract, for in the view we take of the facts the minds of the parties never met in respect to the subject-matter…