Wilbor v. M'Gillicuddy

The facts and pleadings are fully stated in the opinion of tlie court, delivered by

Porter, J.

The plaintiff sues, to recover from the defendant, damages for failing to comply with a contract by which he purchased a certain quantity of molasses hogsheads, at a fixed price. The petition sets out the contract, alleges a readiness on the part of the plaintiff to comply with the obligations it imposed on him, and a refusal on that of the defendant to carry the agreement into effect, though afterwards requested so to do.

The answer puts the existence of such a contract at issue, and denies the right…