MARYLAND COURT OF APPEALS 215

Per D^o .... to James Waldie on Cargoe acc^o ............... 7: "- "

Per D^o .... to Rob^t Ungle on Cargoe acc^o ................. 5- "- "

732: 10- 9
Per Ballance due to me 344^{: 1}9- 3

£1077-10- o

Errora Salvo

May the 2^d 1716

James Crooke
8^th May 1716

Then Came the above named James Crooke before me Samuel Young
Esq^r one of his Lordships Justices of the Provincial Court and made oath on
holy Evangelist of Almighty God that the above account is Just and true and
that he has reed no part nor parcell thereof more then what he has above
given Credit for Sworn to the day and year above s^d before me

Saml Young

[338] Whereupon the said defendant prays Judgment and that the Jurors
afores^d their Verdict of and upon the premisses may render. Thereupon the
said John Hyde by his Attorney aforesaid Saith that the said Account So in
evidence given and the allegations afores^d alledged are not Sufficient in law
to maintain the Issue Joyned for the defendant, to which the plaintiff need-
eth not nor by the laws of the land is holden to answer, wherefore for de-
fault of Sufficient evidence in this behalf the said John Hyde demands Judg-
ment that the Jurors aforesaid of giving their Verdict be Discharged etc.
And that his Damages by occasion of the non performance of the promise
and assumption aforesaid in the aforesaid Declaration mentioned may be to
him adjudged etc.

And the aforesaid James Crooke for that he hath above Shown in Evi-
dence to the Jurors aforesaid Sufficient matter in law to maintain the Issue
aforesaid on the part of the same James Crooke which he is ready to Verefie,
which matter the afores^t John Hyde hath not Gainsayed, nor to the same in
any ways answered, but the Same Verefication to admitt altogether refuses,
prays Judgment, and that the afd John Hyde from having his action afore-
said ag^t him, may be barred; and that the Jurors aforesaid from rendering
their Verdict upon the Issue aforesaid may be Discharged etc.

Whereupon the Jurors aforesaid from rendring any Verdict thereon by
the Court here of the Consent of the parties aforesaid are discharged. And
because the Justices here as yet are not advised of the rendring their Judg-
ment of and upon the premisses, day thereof is given to the said parties plain-
tiffs and defendants to hear thereof their Judgment untill etc. for that the
said Justices as yet are not etc.

And now here afterwards to Witt the 11^th day of May Anno Domini 1716