Appeal from Montgomery county court. Assumpsit on a promissory note dated the 17th of February 1819, drawn by the defendant (now appellee,) in favour of the plaintiff (now appellant,) for 8125, Non, assumpsit and issue. At the trial the plaintiff offered in evidence the promissory note upon which the action was brought, admitted by the. defendant to have been executed by him, and delivered to the plaintiff. The defendant then proved, that the consideration of the note was a pair of mill-stones, which the defendant bought and received from the plaintiff, and pu,t up in his mill in the month of February 1819. That the, stones were bad; that one of them w'as composed of block, soft and badly cemented, and that many of the blocks of the other were also, soft and badly cemented, and were not worth the trouble of carrying from the plaintiff’s to the defendant’s mill. The stones were kept in the defendant’s mill from the month of February 1819, to the present time, and used with difficulty in grinding plaisfer. The defendant also proved by a competent witness, that he (the witness,) in the month of September 1819, a few days previous to the writing by the plaintiff of the first letter hereinafter set forth, called on the plaintiff at the defendant’s request, informed him that the stones were, bad., and desired him to repair them; and that the same application, was re:newed subsequent to the date of the last letter hereinafter stated. On the second application, theplaintiffinformed the witness thathe could not then comply with his request. The defendant further offered in evidence the following papers, proved to be the handwriting of the plaintiff. 1st. “Lisbon, 17th February 1819, Mr. Thomas Ililleary bo’t of Benjamin G. Sides, 1 pair 4 feet bur mill-stones 8225, Received at thé same time of Thomas Ilitteary §100 in cash, and his note of hand for §125, which, when paid, will be in full.

Benjamin (?. Sides,”

“I hereby warrant the above mill-stones to be good; and in case any of the blocks should not prove hard enough, I will go over to hia mill and put in others that will be sufficiently hard, at my own expense.

Benjamin O. Sides.”

…

Citation profile

How this case has been treated — in progress