¶1The Comer, (ThRuston, J., absent,) at the request of the defendant’s counsel, instructed the jury, that if they should be satisfied by the evidence, that it was part of the original contract of sale, and a condition thereof, that the plaintiff.should take the defendant’s draft on the postmaster-general, payable on the 1st of January, the plaintiff cannot recover in this action of indebi-tatus assumpsit for the price of the horse, the plaintiff having commenced his action before the 1st of January, although the defendant himself was the cause of the non-acceptance of the draft.
3 D.C. 249
Magner v. Johnston
Decided December 15, 1827
Indebitatus assumpsit for $60, for a horse sold and delivered by the plaintiff to the defendant. „ The defendant offered evidence, that the original agreement was, that the plaintiff should sell the horse to the defendant for the plaintiff’s draft or bill on the postmaster-general for $60, payable on the 1st of January, 1827.* The sale was accordingly so made, on the 19th of October, 1826.
Decided 1827-12-15