Wheeler's Administrator v. Wilkinson

Ohio Supreme Court

Wheeler's Administrator v. Wilkinson

1 Ohio Ch. 365

DecidedAugust 15, 1833

StatusPublished

This text of 1 Ohio Ch. 365 (Wheeler's Administrator v. Wilkinson) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wheeler's Administrator v. Wilkinson, 1 Ohio Ch. 365 (Ohio 1833).

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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 [366]*366avail 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.

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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 [366]*366avail 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.

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Bluebook (online)

1 Ohio Ch. 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheelers-administrator-v-wilkinson-ohio-1833.