Harbor v. Morgan

Assumpsit on a note due October 1, 1849, payable in money or wheat, at the customary price at Fairview, in said county. Breach, that the defendant had failed to pay the money, or in anywise comply with the conditions of said note.

The defendant filed the general issue and two special pleas. Demurrers to the second and third pleas sustained, trial by the Court, and judgment for the plaintiff below. The second plea avers his readiness to pay in wheat on, &c., at his farm near Fairview, &c. The demurrer to this plea was correctly sustained. The time of payment was fixed by the contract, and no…