Harris v. Bradley

The appellees, who were the plaintiffs below, are the assignees of one George N. Hinchman. Harris was the defendant. The complaint contains two paragraphs — the first is upon a special contract — the second, for money had and received. There was an answer to the complaint, and a reply to the answer.

The evidence adduced on the trial, disclosed the following *167facts: On the 17th of February, 1854, Harris and Hinchman entered into a written agreement, whereby the former sold to the latter one thousand bushels of merchantable corn, to be sacked, weighed, and delivered on board the cars at…