Bolton v. Riddle

*Cool:ey, Ch. J.:

The defendants in error contracted with plaintiffs in error to cut, during the winter of lS^l^, 15,000, and not to exceed 20,000, cedar posts, and to deliver them on the rail of vessels to be furnished by the plaintiffs in error, for the price of seven cents each. The posts were cut and placed on the beach, but vessels were not furnished for shipping them until 1874. Such as were then taken by plaintiffs in error, they delivered on the vessel at their own expense.

In an action to recover the price of the posts, plaintiffs in error claimed that they were entitled to deduct the…