Morton v. Kane

This was au action by Kane against Morton, upon an agreement by which Kane agreed to make and de*192liver to Morton 500,000 brick, 100,000 of which were to be ready for delivery by the first day of June, 1854: for which Morton was to pay 1,400 dollars. Averment that the plaintiff had performed the contract on his part; and that the defendant, though he had converted the brick to his own use, refused to pay for the same. Trial; verdict and judgment for the plaintiff.

The jury found that the brick had been made and delivered as provided for, except that the 100,000 were not ready for delivery by the…