Martin v. Orndorff

i. new verdict • evidence. The plaintiff made a contract in writing with the defendant to sell at an agreed price, and deliver at a fixed time, to defendant, ninety-six head of steers. At the.time fixed for delivery, the defendant, havjng resold the steers or assigned his contract to another, in behalf of that other, requested the plaintiff 'to postpone the day of delivery for three or four weeks, which was agreed to. At that time, defendant paid plaintiff the major part of the price for the steers by drawing or indorsing a draft upon the repurchaser, which was paid by him.

On the day fixed…