Ranger & Co. v. Hearne

Gould, Associate Justice.

Appellants brought suit on a written contract of sale of a certain engine for $2,000 gold, to defendant, Hearne, the contract containing the following clause: “the said Hearne hereby accepting and receiving the same, having fully and satisfactorily examined it.” • The contract further embodies an agreement by Ranger & Co. to procure for defendant a saw-mill of a certain description, for which he was to pay $1,000 gold, the defendant agreeing to pay the $3,000 in cotton, at eight cents per pound. When forwarded to him at Bryan, defendant refused to receive both engine.…