4 Del. 173
Decided July 1, 1844
Superior Court of Delaware · decided 1844-07-01
This was an action of covenant on a contract under seal, for the sale and delivery of one thousand cords of oak wood to the defendant, at four dollars and seventy cents a cord, delivered in Philadelphia. The breaches were, the nonpayment for a portion of the wood delivered under the contract, and refusal to accept the residue.
Decided 1844-07-01
¶1A majority of the'court refused the nonsuit. Judge Harrington *176differed on the ground that the contract as alledged was of a purchase of twelve hundred cords of wood, of which two hundred cords more or less, should be seasoned wood; whereas the contract was for one thousand cords of wood, of which about two hundred cords should be seasoned.
¶2The plaintiffs had a verdict.