Underhill v. Gaff

This was an action of assumpsit, brought by appellees, in the Woodford Circuit Court, against appellant, to recover a balance of an account. It appears that the parties entered into a contract, by which appellant was to deliver five hundred tons of prairie hay to appellees, on their barges, in Peoria, at $17 per ton. It was to be of first quality, and subject to inspection, by appellees, or their agents, but no time was specified for its delivery. Appellant delivered but four hundred and fifteen tons and eight hundred and seventy-five pounds of hay that was accepted, which, at the contract…