Ware v. Gilmore

This was an action of covenant, brought by appellee against ■ appellant, on an Instrument under seal, in the Cook Circuit Court. The agreement recites that appellant was indebted, at the time of its execution, to appellee, in the sum of $10,026.-25, the purchase money of 229 head of cattle, which became due on the 2éth of December, 1866 ; and it was agreed that appellant should ship 109 head to Chicago, and sell them for the highest price, and after deducting expenses, apply the balance of the proceeds upon this indebtedness, to the amount of $6,000. After paying that sum on the indebtedness,…