Cook v. Brockway

By the Court, Marvin, J.

The defendant threshed the plaintiff’s wheat with a machine, and the plaintiff complained that the work was not well done; that wheat was wasted and lost by passing away in the chaff and straw. A witness testified that he examined the chaff and straw and found wheat among them, some 28 or 30 kernels in a handful of chaff, &c. He was asked how much wheat was wasted by the defendant in threshing 648 bushels of wheat, according to the defendant’s tally of the plaintiff’s wheat ? This question was objected to by the defendant, upon the ground of its being mere matter of…