Foltz v. Peters

Hanna, J.—

Wilgus, in his lifetime, contracted in writing *245with Ford, to deliver him ten thousand eight hundred bushels of corn, for which he acknowledged the receipt of the price.

Afterward, Ford assigned the contract, in December, 1856, to Peters, with a credit of six hundred and forty bushels of corn, and $118, indorsed thereon. Peters filed the contract as a claim against the estate of Wilgus.

Foltz set up certain facts, first, as a payment of the said claim; apd, second, as an estoppel, &c.; namely, that at the time the contract was made, and to secure the due performance thereof, Ford took…