Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-10-28

The plaintif sues tine Defendant to recover bal
ance which he claims is dueto him on the sale and
delivery to the defendant of about 62 hogs, weighing
according to the defendants testimony, 2O,556 lbs
Tile bops were delivered in Mineral Point on the l0th
and 1lth of January, of the present year. at winch
time the defendant delivered to the p!alntin ehecK
for 81 $780, having previously paid defendant the sum
According to the plaintiff IS testimony. the contract
made in Noven,bcr Of last year that he was 10
receive least "a per hundred for the hogs deliy
cred on foot that the time OF delivery was hXea pc
tween the 18th and 25th OF December; and II be-
tween these dates the market value should raise %
cents on hundred the plaintiff to be paid 30
per hundred for his lot of hogs 49,
The defendant's version of the contract differs with
the plaintiff IS in reference to the time of delivery,
and the contingency which higher price was to
he ma. The defendant admits that 81 was to be
Maid tho plaiutif at all events but and testlies
That tbe contract was that If the market price. at
| the time of delivery should be $3.50 or more that
the plaintiff was to be paid Sooo
akc Mace near the first of January before or atter
The market price WAS below $3.50 in january.
FThe paiptiff further testfes that on the 18th of
december he saw GRADER who told him hogs had gone
nm and that he would pay him, the plaintiff $3.50
per hundred Plaintiff testifies that he then made
| nropositions to deliver the hogs, but the defend
antreouested him to keep the hogs few days longer
as the defendant wished to buy lot of large hogs to
90 with the plaintiff IS. If you credit the plaintiff S
recollection and statement of the contract, and that
the market price of live hogs in Mineral Point be-
| tween the 18th and 25th Of December, at any time
reached 80 rs per hundred the plaintiff is entitled
recover unless full Sc itlemsnt made, when he
| received the last draft of 81 $50 s Es e.
The defendant differs with the plaintiff with refer
ence to his statements the 18th of December the
defendant estfying he told the plaintiff at that time
that if the market price remained it at that
day, the plaintiff would get the advanced price for
| his hogs. +, nm ~ ,Fs.3-tlf 40.
| IF YOU credit the defendants version of the con-
tract he is relieved from liability the ground that
the LIST of Jannary, when he was to receive
I the hogs, the market price had fallen much below
50 so per hundred for live hogs H@tt#3
/ The defendant relies on another defence, that is,
that the plaintiff received the last draft in full sat
i isfacton of his demand. If the defendant offered
this draft in full satisfaction and the plaintiff re-
| ceived it without notifying the defendant at the
time that the plaintiff wond receive it SUCH
4 the latter is bound by the payment. On this as
well as other matters, where the testimony differs
| you will decide according to the preponderance of
| probability. @
The verdict of the jury in this case was
for the defendant.
| Charles Paul VS.. Stephen Fellow CON
! tnued.
| Isaac Ochltree VS.. Oliver Leach-order
to issue execution.
! Bernard Klais VS.. R. D. Pulford-jud
ment for defendant. a3l
/ Mary Jones VS.. R. P. Jones-judgment
for plaintiff. .a Eao
i Martin Ireseder VS.. Henry Davis con-
\ tinued on terms. ,r u
| State OF w lScODSln VS.. Ge0. A. Inrail--
nolle prosequi entered.
i State of Wisconsin VS.. John Banbrough
indicted for horse stealing. Convicted
and sentenced to two years in state prison.
State of Wisconsin VS.. James Johnson
indictment for grand larceny. Convicted
and sentenced to two years in state prison.
State of Wisconsin VS.. James A. Owens
dismissed. #ag a
A. B. Robinson VS.. Samuel W. Reese
| leave given to defendant to file an answer
to the complaint within twenty days, upon
paying to the plaintiff the sum of So.
! Simon erase vs.. William Rule order
dismissing appeal.
James Shea VS. Edward Mabbott-judg-
ment of court below declared void. Or,
dered that the defendant recover from the
plaintiff the sum of seven dollars and costs
1 State of Wisconsin VS.. Bernard Klais--
dismissed.
| State Of Wisconsin VS.. George Trenhaile
dismissed. 5-t
Richard Arundel vs. James Jones-or-
der setting aside judgment and leave giver
to defendant to serve answer in 80 days
by paying five dollars.