Martin v. Bush

Weight, J.,

delivered tibe opiniou of the Court:

This action is founded upon tbe following instrument,

“Nashville, Nov. 1856.

“One day after date, I promise to pay R. B. Cartte-*159man or bearer, Eive hundred and ten dollars in Masonry work, at customary prices. Value received. Witness my hand this day above. Chas E. MARTIN.”

The question is, has there been any breach of contract. If so, when and to what extent was the plan-tiff entitled to recover ? At common law it was not incumbent upon the plaintiff to designate the place where the Masonry work should be done, as a condition precedent to its…