Tennessee Supreme Court September 15, 1858 (Bryan v. Spurgin)

McKinney, J.,

delivered the opinion of the Court.

This was an action of assumpsit to recover damages for the non-delivery of part of a quantity of flour, bargained and sold by the defendant to the plaintiff. The plaintiff failed to recover, under the instructions of the Court, and he has prosecuted an appeal in error to this Court.

The contract was in writing, and signed by the parties.