Dale v. Evans

Dale sued the defendants on the following instrument of writing: “Received July 22,1856, of J. T. Dale, one hundred and seventy-nine bushels of wheat, to be paid at the market price when called for.—.7. L. and W. N, Evans and Bauchortand averred that on the 22d of *289January, 1857, wheat was worth and of the price, &c., of one dollar per bushel, and that he demanded of defendants 179 dollars.

The defendants answered in eight paragraphs. The first was a general, and the second and third special, denials. The other answers set forth, in different forms, this defense, namely, that the wheat was…