Hudnut v. Weir

The facts, as stated in the complaint, are, that in January, 1883, Charles Weir sold to Theodore Hudnut five thousand bushels of corn then owned by him, for which Hudnut agreed to pay fifty cents per bushel, the corn to be delivered by the seller on the bank of the Wabash river. As a part of the consideration of the sale the purchaser agreed to furnish sacks in which to put the corn after it was shelled,, and it was agreed that he should receive, take away, and pay for the corn as soon as it was shelled and delivered on the bank of the river.

It is-then averred “ that in pursuance and part…