Dean v. Woodbridge

The duty of the defendant to deliver the goods arises upon a demand being made; and the breach which subjects him to damages, consists in not delivering them when demanded; and this action is not for the goods, hut for damages, to compensate for the breach of the contract; which could not have happened until demand' was made. Besides if this action is maintainable without a demand such an obligation would be the same as a note for money.