Cloud v. Moorman

In 1860, one Lewis S. Larkin was running a flouring mill in Metamora, Indiana. On the 4th of December, of the year named, Cloud and Dair, of Harrison, Ohio, verbally contracted with Larkin for 20 tons of ship-stuff at 70 cents per hundred weight. They were, at any time, to send up canal boats, to receive the ship-stuff' at the mill, and Larkin was to deliver it upon the boat. The purchasers were to pay for it on delivery. Ice in the canal prevented Cloud and Dair from sending up boats as soon as was expected, and, on the 1st of January, 1861, Larkin called on them for payment, and told them…