Samuel Blatchford

“ He was then asked, 'When was that contract signed?' The defendants objected to the question on the ground that 'it was irrelevant and immaterial, and there had been no previous denial by affidavit or otherwise of the execution of the contract, and it was incompetent.' The plaintiff replied that the fact of the execution of the contract was not denied, 'but he proposes to show the time of the execution of the contract was on Sunday, which avoids the contract.' The court overruled the objection, and the defendants excepted. ”

“ Alleged errors in the charge to the jury, and in refusals to charge as requested, are urged by the defendants. As to the request to charge respecting the right of the defendants, under the contract of January 27, 1866, to charge the plaintiff back with the full value of such handles as broke in the process of bending, it is sufficient to say that the record discloses that there was a settlement between the parties respecting the 172 dozen handles charged back in 1866 under that contract, and that there was really no question for the jury as to those handles. ”

“ Such a provision in a rule of court or in a statute is not uncommon, and, whenever it is expressed in language such as that now presented, it has never, that we are aware, received any other construction. ”