Vogel v. Gast

This action is for damages for the breach of a contract, whereby the defendants agreed to manufacture for and deliver to the plaintiff certain books at an agreed price. The breach alleged is, that after the defendants had manufactured the books, as agreed, and the plaintiff had paid a portion of the agreed price, he tendered the balance, but the defendants, nevertheless, refused to deliver them. The answer, among other things, admitted the making of the contract, the manufacture by the defendants of the books, and the partial payments made by the plaintiff, as aUeged in the petition, but…