Upstone

This is an action for the recovery of a balance alleged to be due from the defendant to the plaintiff upon a written contract entered into between them, by which the plaintiff agreed to furnish, and the defendant to receive a certain quantity of ironwork at a stipulated price. In consequence of the defendant’s refusal to receive the quantity specified in the contract, the plaintiff furnished less than that quantity, but all that the defendant required or would receive. Upon this state of facts the plaintiff contends that he is entitled to recover the contract price for the entire quantity specified in the contract. The action was tried before a jury, and the Court admitted evidence, subject to the objection of the plaintiff that it was irrelevant, which tended to prove that the quantity of iron-work actually furnished was worth §307 less than the quantity specified in the contract. But afterward, on motion of plaintiff, that evidence was stricken out by order of the Court, to which the defendant excepted. The following extract from the instruction of the Court to the jury is sufficient to illustrate the theory upon which the Court ordered that evidence stricken out:

Does that…