SIBLEY, District Judge.
Upon a suit at law for breach of contract to deliver certain base rock, the appellee recovered judgment against appellant for $28,689.67. A new trial was refused, and this appeal taken. The assignments of error relate to the overruling of demurrers to the declaration, rulings on evidence, and the refusal of a new trial.
The declaration alleged that appellant agreed to sell and appellee to buy "a certain pile of base rock containing...
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