Bailey v. Johnson
New York Supreme Court
Assumpsit : tried at the Erie circuit, in September, 1826, ' r before BlRDSALL, C. Judge. The declaration was on a special contract. *At the trial it appeared in evidence, that on the 17th ol june^ |g20; the plaintiff and defendant entered into a writ-7 . ten contract, which was deposited m the hands of A. W. Walworth, of the state of Ohio, who was examined as a witness under a commission, and set out, in his answer, a copy of the contract, retaining the original.
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Assumpsit : tried at the Erie circuit, in September, 1826, ' r before BlRDSALL, C. Judge. The declaration was on a special contract. *At the trial it appeared in evidence, that on the 17th ol june^ |g20; the plaintiff and defendant entered into a writ-7 . ten contract, which was deposited m the hands of A. W. Walworth, of the state of Ohio, who was examined as a witness under a commission, and set out, in his answer, a copy of the contract, retaining the original. By this contract, Bailey (the plaintiff) agreed to deliver at Black Rock, in the month of August then next, 200 barrels of salt,…
1Opinion of the Court
Curia, per Woodworth, J.
As to the written contract made in June, 1820, it appears to me to have been substantially abandoned, and' another substituted in October then following: for it will be perceived that the last contract is variant from the first, and inconsistent with it The first is, that the plaintiff should deliver 200 barrels of salt, and the defendant should pay 33 barrels of pork, and *125804 dollars ; by the last, the plaintiff agrees to assign,.and does assign, an order on Sill, Thompson & Co. for 169 barrels of salt, the defendant to pay them 300 dollars, and pay the plaintiff…
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