Volume 748, Page 204 View pdf image |
(204 denyed hee bad the Comp.lt dispose of them as hee pleased or desired the Comp.lt to spare him the Deft some of them but the Comp.lt sayd Twice spare you some of them for yo.r private use & the deft sayd yes I will take same of them att the rate you sell to others and the Deft gave y.e Comp.lt a particuler Noate of what hee at p.rsent wanted but noe way in relacon to or p.rjudice of the said Contract or bond aforesaid but the Deft never received a pennyworth of the goods and the Deft sayd that hee told the Comp.lt that hee the Comp.lt was D.r to John Deery as aforesaid and y.e Deft being his Adm.r the Comp.lt needed not to feare his pay for the s.d provisions for the same was by that meanes in his owne hands to w.ch y.e Comp.lt answered that the Comp.lt had nothing to doe w.th Deerys Estate hee the Comp.lt would adm.r the same and offered to the Deft if hee would give the Comp.lt Foure thousand pounds of tobacco they would make an End of the businesse and Can sell both the bonds about the provisions to w.ch the deft replyed now Let it rest as it does w.th such other discourses as these w.ch would noe waise (if true as the Comp.lt p.rtended) bee an acquittance or discharge of the said bond of the Comp.lts to say hee had noe ready Tobacco or will you stay till the next yeare or Dispose of them as you please Could not amount if the deft had sayd soe to a release of the said Comp.lts bond and the Deft sayd hee was much damnified by the not having the Provisions delivered him at the say Mentioned in the Condicon of the said bond for that hee might have made as much in those two monethes time out of the said Provisions being Court time as would have paid the Comp.lt w.th a greate advantage to the deft and the said Deery the Comp.lts Attorney might have received most part of y.e Tobacco due for the same att the Cropp before And the deft not Dareing to Venture the penalty of his bond in Case the Comp.lt should Come in & deliver the goods by the day haveing sufficiently Experienced the Comp.lts Kindnesse in those cases before hee the said deft left in the hands of Thomas Taylor sheriffe of Dorchester County & in y.e hands of the said Deery wch hee owed him the defend.t and in the hands of others sufficient to have paid the Comp.lt and the Comp.lt ought att his perill to have delivered the goods and to have taken his Remedy against the deft in case of non payment for the said goods upon the defend.ts bond being a good Consideration w.ch hee had Chosen as his security w.ch being once accepted Could not bee made Invallid in Lawe or Equity but by pformeing the same Denyed hee Ever Came to any finall End about the said bonds or agreed (to |
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Volume 748, Page 204 View pdf image |
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