Kendall v. Russell

Judge Ewing

delivered the Opinion of the Court.

An action of covenant was brought by Russell against Kendall, on an article of agreement, by which Russell bound himself to lay, for Kendall, on his new brick building, “as many brick as he may need, to complete said building;” for which, Kendall bound himself to pay eight dollars per thousand for each thousand brick which may be laid.

Three witnesses were introduced by the plaintiff, who stated that they were brick layers, and that it was the custom of the country to count all the openings in the building—doors, windows, chimneys &c. as solid…