Cole v. Ross

Judge Simpson

delivered the opinion of the Couit.

This action of covenant was brought upon a writing, in which the defendants stipulated to pay to the plaintiff or order, three thousand three hundred and thirty three dollars thirty three cents, payable in good merchantable pig metal, delivered on the bank in Greenupsburg, at twenty nine dollars per ton.

• When the writing became due, pig metal was worth considerably more than the stipulated price, and the obligors having tendered the money in place of the iron, which was refused by the plaintiff, the question is, whether this writing imports an…