Horne v. Peacock

The plaintiff bought guano and had it shipped to the defendant, upon an agreement that the guano was to be sold to planters, notes taken payable in the fall, the notes to be collected, the purchase-price of the guano to be paid, and the surplus to be divided equally between the plaintiff and" the defendant. The defendant in his answer admitted the contract as claimed by the plaintiff; but averred that he did not know how much guano had been received by him, and asked that the plaintiff be held to strict proof as to the quantity shipped. He further alleged that he had remitted a sufficient…