Smith v. Smith

THIS is an appeal from an injunction to restrain the proceedings in an action at law, granted upon a bill of discovery. The bill charges that the action at law was brought upon the counts for goods sold and money had and received; that, as the complainant is informed and believes, it was brought to recover the balance claimed by the appellants to be due by the appellee upon the contracts, for the sale and delivery by the former to the latter *477of 2,000 barrels of salt; that, by the first contract, the appellants agreed to deliver 500 barrels on, or before, the first day of August, and 500 on,…