Waterbury v. Russell

Freeman^ L,

delivered the opinion of the court.

Plaintiff sued defendant for balance due for price of corn in sacks, sold and delivered to him in the *160spring of 1861. Defendant filed a plea for recoupment by way of damages, in which he alleged that he made a contract for the corn, which he was to re-# oeive from plaintiff if there was a tide in the river; that said corn was to be delivered to him as sound merchantable corn; that a portion of the sacks containing the corn at the time of the contract was stored in a crib, and a portion in a carriage-house; that he sampled that in the crib, and…