Charles County Court Proceedings, 1668—1670.     245

       And whereupon Richd Boughton Attur for the Deft pleadeth non Liber D
     Assumpsit Whereupon the ensueing bills were produced

       These ingage me Samll Fendall to deliver unto Daniell Johnson
     A warrant for one hundred Acres of Land in his owne name by
     the last of Aprill next witness my hand this 10th of Febr 1668
     Witness Gerard Fowke             Samll Fendall
          Fran:     Heydon

       These ingage me Sam” Fendall to pay or cause to be pd unto
     Daniell Johnson or His Assignes upon demand three hundred &
     tenn pounds of tob & cask witness my hand this tenth of Febr 1668
     Witness Gerard Fowke             Samll Fendall
          Fran:     Heydon
       Whereupon it was ordered tht the sd Deft should pay the 310 lb [p. 130]
     of & tob to the plt As alsoe to dd to the plt A warrt for 100 Acres
     of Land Costs & Chargs of Suite
           For two Daies Attendance     60
           For Attur Fees               60
                                        120


       Daniell Johnson came to prosecute the suite by him Comenced agt
     Samll Fendall
       Samll Fendall also came & appeared to defend the suite comenced
     agt him by Daniell Johnson
       Daniell Johnson Plt Samll Fendall Deft
          In an Acc of Debt.
       And whereas the sd Daniell Complaineth agt the sd Samll for tht
     the sd Samll by a Certaine writing obligatory under his hand & Seale
     bearing date the 23rd day of March in the xxxvii yeare of the
     Dominion of Caecilius Anncxp Domini 1668/9 did become bound
     unto the sd Daniell to pay unto him the sd Daniell the sume of Six
     hundred pounds of tob in Cask in Portobac Creeke upon the tenth
     of Novemr Anno Domi: 1669 As by the sd Writeing here in Court
     more plainely may appeare never the less the sd Samll his obligacon
     little regarding but deviseing & fraudulently intending him the sd
     Daniell of the sd sume of six hundred pods of tobacco to deceive
     the sd sume of 600 lb of tobaccoe to him the sd Daniell hath not
     satisfied according to his obligation in tht behalfe passed but doth
     altogether refuse to paye the same to his the sd Daniels great Loss
     wherefore he saith he is damnified & hath loss to the valew of 900 lb
     of tob & hereupon he bringeth his suite.
       Whereupon the Defts bill was pduced
       This bill bindeth me Mr Samll Fendall of Charls County me my
     heirs Exectrs or Assgns to pay or Cause to be pd to Daniell Johnson
     him his heirs Exectrs Admtrs or Assgns the full & just quantity of