Tennessee Supreme Court July 15, 1839 (Ross v. Carter)

Geeen, J.

delivered the opinion of the court.

1. It is contended by the plaintiff in error that the instrument upon which his action is founded does not fix a time for the payment of the iron;'and therefore, there was no breach until the demand was made, and consequently, the measure of damages should have been the price of iron at the date of the demand.