recover  the  difference  between  the  value  at  the  time  and  place  of
delivery  and  the  contract  price;  or  he  may  sell  it,  with  proper
precaution  and  diligence,  to  satisfy  his  lien  for  the  price,  and
recover  the  unpaid  balance;  or  he  may  consider  it  as  the  property
of  the  vendee,  and  recover  the  full  price ;  and,  in  either  case,  the
election  is  with  the  vendor.  Cook  v.  Brandeis  &  Crawford,  3  Met.
557.
IX.   CONSTKDCTION  OP.  ,

1.  One,  who  undertakes  to  put  brick  in  a  wall,  for  a  stipulate^
price  per  thousand,  must  bear  the  loss  of  an  accidental  destructioo
of  an  unfinished  wall.    Shanks  v.  Griffin,  14  B.  Mon.  153.
2.  If  persons  acting  as  a  local  board  of  internal  improvements,
and  having  control  of  a  fund  created  to  pay  for  work  done,  con-
tract for  the  building  of  a  bridge,  they  will  be  individually  liable
to  the  contractor,  although  the  fund,  on  which  they  relied  to  pay
him,  may  he  lost  without  their  fault.  Jtugbands  v.  Smith,  14  B,
Mon.  211.
3.  If  no  place  be  fixed  for  the  performance  of  a  contract,  its
construction  will  be  governed  by  the  law  of  the  place  where  it  is
made.     Young  v.  Harris,  14  B.  Mon.  558,

4.  If  a  note  is  indorsed  in  Kentucky,  but  delivered  by  th«
indorser  to  his  assignee  in  Ohio,  the  contract  of  assignment  must
be  construed  according  to  the  law  of  the  latter  State.  Young  v.
ffarris,  14  B.  Mon.  559.
5.  In  the  construction  of  contracts,  the  intention  of  the  con-
tracting parties  is  to  be  considered,  and  such  a  construction  given
jas  will  effectuate  that  intention.  McMiUm  v.  M-  &  L.  M.  B.  Co.,
15  B.  Mon.  234.
