Ohio Supreme Court, 1883

Wheeler's Administrator v. Wilkinson

Wheeler's Administrator v. Wilkinson
Ohio Supreme Court · Decided August 15, 1883
1 Wright 365

Wheeler's Administrator v. Wilkinson

Opinion of the Court

BY THE COURT.

The paper called a receipt establishes the amount of goods received, and stipulates to pay under the contract. The mode of payment is a privilege of the defendant, but he must *avail himself of the privilege, according to his contract, when [366 the articles are demanded, and if he refuse, he makes it a money demand, and puts an end to the special contract, leaving the plaintiff at liberty to recover on the common counts.

Judgment on the verdict.

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