Bushrod Washington

“ The complainant states, in his bill, that the owner of the warrants was bound by the usage not only to make this allowance, but was also to furnish all the money necessary for locating and surveying the land, and he endeavours to excuse himself for not having caused a survey to be made. Now, if the mere making of the entry amounted to a full performance of the contract on the part of the locator, any stipulation with the same person for the expenses attending the survey would have been idle and unnecessary. ”

“ Now, even if this witness had positively proved the point for which he was examined, still his testimony could not avail the complainant, since he admits, that for high wages men could have been procured to perform the service; and those wages, it was incumbent on the complainant, who claims no less than between 8 and 9,000 acres of this land, to pay. The difficulty and expense which would have attended his endeavours to perform this part of his contract, afford no excuse for his breach of it, even if, in a case like this, any excuse could be admitted. ”