Houston v. Miner

This was an action of assumpsit brought by Miner against Houston on a written contract, by which Miner undertook to deliver to Houston on the first day of December, 1837, forty hogs to weigh on an average 180 pounds neat per head; in consideration whereof, Houston promised to pay to Miner five dollars per hundred on the delivery of the hogs.

In the first count of his declaration, the plaintiff avers that he was on the day, and at the place, specified for the delivery of the hogs, ready and willing and then and there offered to deliver to Houston the said forty head of hogs, weighing on an…