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19 Gustavus Schmidt's Legal Briefs 1827-1904

handle is hein.beal/gvssts0019 and id is 1 raw text is: SUPREME COURT. D. KELHAM & CO., vs. CARROLL, HOY & CO. Supplemental Points & Authorities of Plaintiffs. The defendants' Counsel assert, that had nothing been received by their clients, the latter could have sued for the price. -It is very evident that they must make good this assertion, for, the accidental circums- tance of their having received advances on the con- tract, does not entitle them to keep the money, if they were not entitled to the price. When asked: How could you have sued for the price, when it was impossible to ascertain and fix the amount due U defendants' Counsel answered, if I remember rightly: We would have the cotton valued, and fix the price in that way. How could such a valuation be made, or how could you determine the quality of the cotton, fix its different grades, determine precisely the number of pounds in each bale, when (if I mistake not) the cotton was not even baled, or even if baled, what

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