Volume 748, Page 200 View pdf image |
(200 matter of them and whether thereupon they did not Come to a finall agreement about the said bargaine and if they would not have delivered up each to other theire seaverall bonds touching the said Provisions if the Comp.lt Could have Come by his bond and that the deft might sett forth if hee had any place or roome to put or lay the said Provisions in if the Comp.lt had delivered the same and if the Deft was not thereupon induced and mooved to discharge the said bargaine and come to a finall end touching the same & whether the deft was Ever out of purse one farthing in the purchaseing of the said Provisions and if she the said deft did not desire the Comp.lt to spare him two hhds of Malt and some other small matter of goods, & that the said Comp.lt might bee discharged from the said bond hee being ready to deliver up the Defts according to the said agreement and that all proceedings att Lawe thereupon might bee stayed and the Complayn.t Releived according to Equity hee humbly prayed the favoureable ayd and assistance of this hono.ble Court and that processe of subpœna might bee thereout Awarded against the said deft to appeare in the said Court and answere the premisses The w.ch being granted and the deft therewithall served hee appeared Accordingly and put in his answere to the Comp.lts said bill of Comp.lt And therein did set forth That the Comp.lt informeing the deft of his goeing for England & Ireland and the deft intending to sett up a Brewhouse and Leave Ordinary Keeping but onely to Keepe a Private house and in Court and Assembly times to Entertaine Lodgers and for that purpose being willing to furnish himselfe w.th Necessaryes for a Brewhouse and a private family hee Contracted w.th the Comp.lt for the Provisions pticularly in the bill mentioned & gave Mutuall bonds Each to other of the penaltyes in the bill mentioned and the Def.t was to pay his Tobacco for the same att the returne and Delivery of the said goods and not on the tenth of october as in the bill was mentioned & hee said that hee was att that time in a good Condition of Estate and able to pay his debts and that at the same time the said Comp.lt was Justly Indebted to him for ordinary Expence and Tobacco payd for him and otherwise the sume of Thirteene thousand seaven hundred sixty and two pounds of Tobacco w.ch should have beene paid to the deft in the Cropp before Anno 1676 but the Comp.lt Neglected to pay the same then to the Compl.ts greate damage and the deft sayd that the said Comp.lt standing soe indebted to him hee the said ^Comp.lt^ deft in Decemb.r 1676 haveing purchased a Considerable quantity of Wines and other Liquors of the then Governo.r proposed to sell some part thereof to the Deft at Very Reasonable rates but the deft told the Complt hee Could not deale for Ready pay and for the said thirteene thousand seaven hundred sixty and two pounds of Tobacco the said Comp.lt owed unto the Deft hee had pmissed and Engaged himself to pay the same to Robert Graham Attorney of Robert Williams and William Harp Attorney of Joshua Williamson to Whome the said Deft stood Indebted such a like sume And thereupon (the |
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Volume 748, Page 200 View pdf image |
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