Spaulding v. Coon

This case was an action of assumpsit for breach of contract in the non-delivery of certain hay. The plaintiff declared specially and on the common counts. Plea, general issue.

The case has been in this Court once before. 47 Mich. 162. On the trial, the proceedings of which are now before us for review, the court directed a verdict for the defendant. Quite a number of exceptions were taken to the ridings at the circuit, but the consideration of two questions only will be necessary to dispose of the case.

First. Under the contract declared on, was it the duty of the plaintiffs to press the hay ?

Se…