Circuit Court.
Rpfnra 1udwo Kouv
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JAN 24-Baying, Brothers Co. w. Davis and Brsoks


This was an action Of assumpsit to value Of


quantity OF railroad spikes shipped by plaintiff to the
Alabama, Florida and Georgia Rsilroad Company, at
Pensacola amounting to about $40 200 The defendants


Il appeared in the year 1885 ordered from the plaintiffs
at Liverpool 2s00 tons Of iron and splicing plates
above company In addition to the iron and plates plain
td sent quantity Of spikes which put in their
defence were not ordered by dsendants. The spikes
were received by the company and when they began
make preparations for laying down the iron,
certaned that the spikes did suit Other objections
were also made to them notification to this effect
made to defendants Plaintiffs having also notified deen
when the spikes II appeared were reshpped TO the
" no refused to receive them and seek to
Sy the value that though not being ordered
psny amounted IN law to valid sale and delivery. The
ground OF defence put in was that the spikes were
ana the chief question to sale and delivery
70 law was the point involved Adjourned