This section contains the nature of the case and procedural background.

P agreed to thresh all of D’s grain. P performed but refused to thresh the flax. D was unable to procure threshing and sued in a counterclaim for the damages to his flax that remained through the winter. The contract between P and D was the usual one with no special provisions relating to damages. The counterclaim for damages to the flax by D was dismissed, and P recovered for the amounts owing on the threshing bill. D appealed.

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