31 Me. 287
Supreme Judicial Court of Maine
Decided July 1, 1850
Supreme Judicial Court of Maine · decided 1850-07-01
Assumpsit, by the sheriff, upon a written contract to pay $500, or re-deliver certain liquors, specified in the contract to be of that value, which the plaintiff had attached on a precept against a third person. Judgment and execution having been obtained by the attaching creditor, the plaintiff seasonably demanded the property.
Decided 1850-07-01
¶1The evidence was properly excluded. The defendant had his election whether to pay cash or deliver the identical articles. There was no right reserved to substitute other articles, or to deduct for depreciations. If so, controversies might arise as to the qualities and values. The contract seems framed to avoid such issues.
¶2Exceptions overruled.