Spears v. Ward

This suit was brought by the appellees against the appellants, as surviving partners of Spears, Case & Co., on a written contract, made May 30th, 1871, by which the firm agreed to deliver to the appellees, at Erancesville and Ward’s Scales, near Bradford, Indiana, between the 5th and 25th of October, 1871, two hundred head of “fat, smooth, merchantable, and native steers,” to average twelve hundred pounds, gross weight, none to weigh less than one thousand pounds; for which they were to receive four dollars and fifty cents per hundred pounds, gross weight; of which amount they received, at…