Smith v. . Rowley

This was an action to recover damages-for the breach of a contract to sell and deliver a quantity of hops. Rowley (the defendant’s testator), for the price or consideration of 12-J- cents per pound, agreed to sell and deliver to the plaintiff 5,000 pounds of hops, in merchantable order, at Palatine Bridge railroad depot, yearly, for three successive years, viz., on 15th October, 1860,1861 and 1862, the plaintiff agreeing to pay the price on delivery, and further agreeing “ to advance $125 to pay pickers.” Rowley died on 24th September, 1860, before the time for delivery of the hops that year,…