By the Court,
Nelson, C. J.There can be no doubt that the judgment of the court below was correct, upon the second ground taken by the counsel for the defendant. Nearly two months had elapsed after the sale and delivery of the goods before any step was taken to insist upon the note being delivered ; and even then the agent of the plaintiff took the word of Dillentash that he would give the note when he got well.
Judgment affirmed.