Smith v. Mitchell , 31 Me. 287 ( 1850 )

Tenney, J., orally.

The evidence was properly excluded. The defendant had his election whether to pay cash or deliver the identical articles. There was no right reserved to substitute other articles, or to deduct for depreciations. If so, controversies might arise as to the qualities and values. The contract seems framed to avoid such issues.

Exceptions overruled.