Grice v. Noble

Plaintiffs sued defendants in assumpsit, filing a declaration upon the common counts, under which they presented a bill of particulars as follows:

“ To sawing 502,300 feet of lumber at $2.50 per M., under contract between E. R. Grice & Bro. and Noble, Cooper & Creevy, which contract bears date April 5, 1884, $1,255.75,”

The defendants pleaded the general issue, and gave notice that they would prove, under such issue, upon the trial, that the work was done under a certain contract, (setting it out;) and that, while defendants had fulfilled their contract, the plaintiffs had failed to do so in…