Kelly v. Waters

Waters sued Kelly for certain fruit-trees furnished under an order given by Kelly to L. I. Bragg & Co., of Kalamazoo, whereby the latter were requested to send the trees named to Kelly, at Decatur. In the printed part of the order (which would appear to be one of Bragg & Co.’s blanks) they were “ payable in cash on delivery at Decatur,” but subjoined was a memorandum “time at seven percent., until January 1st, 1873.”

The suit was brought before a justice of the peace, and the judgment against Kelly for fifty dollars was removed by certiorari to the circuit, where it was affirmed. It is brought…