The point made by the defendant in his appeal is, that the court improperly sustained a demurrer to his third and fourth pleas. The third plea, in substance, is about this: that on account of entering the military service of the country the defendant failed to remove and possess himself of some $450 worth of timber, which he had purchased within the time limited by the contract; that, since his military discharge, the plaintiff refuses to allow him to remove the timber in question, and, to the amount above specified, there has been--a failure of consideration in the contract upon which the plaintiff sued.
The fourth plea sets up a counter claim of $450, being the alleged value of a portion of timber which he had purchased of plaintiff, but which he had failed to remove
The excuse which the defendant offers for the nonobservance off the covenants of his contract is not one which the law will accept. We can imagine no good reason why the defendant in entering the military service •could not have made provisions for carrying out the engagements under his contract.
These principles will be supported by those laid down in the eases of Reed v. Merrifield, 10 Met., 155; Pease v. Gibson, 6 Greenl., 81; Gilmore v. Wilber, 12 Pick., 120.
We would not say that-a case might not arise, attended with such equitable grounds of excuse for not removing the timber within the stipulated time, as that a court of equity would afford relief and reasonably extend the time for the execution of the contract in cases of this
Affirmed.