Page:Reports of Cases DC Circuit Court 1840-1863, Volume 2.djvu/94

Rh aforesaid, to deliver at the office of the said clerk in the City of Washington, free of charge for carriage, on or before the 1st day of September, 1845, 1oo cords of the best hickory wood, to be sawed into lengths of two feet and piled away in the vaults appropriated for the reception thereof, at and after the rate of $5.49 per cord;and the said French, clerk as aforesaid, stipulated for and on account of the said United States to pay for the wood aforesaid, according to the price and terms aforesaid, as soon as the account of the defendant therefor should be audited by the Committee of Accounts of the said House of Representatives, and an appropriation be made therefor. And the plaintiffs aver that on or about the said 1st day of September, 1845, the time stipulated in the contract in the said last mentioned writing obligatory mentioned, for the delivery,-sawing and piling away of the wood aforesaid, according to the price and terms in the said last mentioned contract mentioned, having then expired or being about to expire, and the defendant not having fulfilled his said last mentioned contract, the defendant informed the said Benjamin B. French, clerk as aforesaid, and acting as aforesaid, in the county aforesaid, that said defendant could not fulfill his said last mentioned contract, and could not deliver, saw and pile away said wood as aforesaid at or by the time limited and stipulated in said last mentioned contract for such delivery, sawing and piling away; and on or about the said first day of September, in the year aforesaid, at the County aforesaid, requested the said Benjamin B. French, clerk as aforesaid, and acting as aforesaid, to enlarge the time specified in said last mentioned contract for the delivery, sawing and piling away as aforesaid of said wood, so as to give the defendant all the said month of September for delivering, sawing and piling away the same, strongly assuring said French that should such indulgence be given, said French should not be again disappointed. Whereupon said French, clerk as afore- said, and acting as aforesaid, at the special instance and request of the defendant, consented to enlarge the time afore- said so as to give the defendant all the month of September within which to deliver, saw and pile away said wood as afore- said. And so the plaintiffs say that on or about the said xst i0itizo Goooql