Davidson ex rel. M'Kim v. Geoghagan

OPINION of the Court, by

Judge Owsley.

-Davidson having an obligation on David Swanks for nine hundred and fifty gallons of whiskey, sold arid assigned the same to Geoghagan, for which he was to receive in cash down two and six pence per gallon. Geoghagan, upon receiving the obligation, although Davidson, before the contract was made, refused from him three shillings per gallon for the whiskey in his own paper. r -t i > c i i , J ,; 1 ’ iaued and refused to pay down the money according to the terms of the contract, but tendered to Davidson in payment a credit upon an obligation previously given…