Wheeler's Administrator v. Wilkinson

1 Ohio Ch. 365

Opinion

By the Court.

The paper called a receipt, establishes the amount of goods received, and stipulates to pay under the contract. The mode of payment is a privilege of the defendant, but he must avail himself of the privilege, according to his contract, when the articles are demanded, and if he refuse, he makes it a money demand, and puts an end to the special contract, leaving the plaintiff at liberty to recover on the common counts.

Judgment on the verdict.