Melville Fuller

“ The objections to the petition amount simply to asserting that the ground of action was imperfectly and inaccurately stated; and whatever defects, imperfections, or omissions there may have been, if not obviated by the subsequent pleadings, were cured by the verdict, which must be assumed to have proceeded upon proof of facts which justified it; and, as it is apparent that the writ of error could only have been sued out for purposes of delay, the judgment is affirmed, with 10 per cent. damages, interest, and costs. ”

“ This is an action at law to recover upon an alleged breach of contract to pay for certain staves made or procured to be made by defendant in error, for plaintiff in error, to be culled, branded, and received by the latter on the Cumberland river and its tributaries, in the counties of Knox and Bell, in the state of Kentucky. ”