MARYLAND COURT OF APPEALS 255

This replyant Saith that he to be ridd of the rigorous treatment of the De-
fendant to accomodate all other differences and to avoid further trouble he
wrote a letter to him about the Seventh day of January one thousand Seven
hundred and Sixteen whereby he offered to account for and pay all the De-
fendants list of Clerks fees, in the year 1708, 1709 and 1710 by him Comitted
to his care on allowing him a Discount for insolvincies of two thousand Six
hundred and eleven pounds of tobacco tho at the Same Time this Replyant
believes the Defendant knew that the Insolvencyes in Saids Lists amounted to
more Notwithstanding [393] he is pleased in his Answer to believe otherwise,
which belief ought not to be founded on the Said Letter, the defendant not
Complying with the Conditions on which it was Writt and the proposalls of
accomodations made thereby which were dropt on the Defendants claiming
Interest contrary to law and justice, And therefore the Replyant hopes that
an Allowance for the Insolvencies which amount to four thousand nine hun-
dred and Sixty Seven pounds of tobacco will be made him by this Hon^rble
Court This Replyant Sayth and hopes to prove that at the time the Defend-
ant gave the Order in his answer mentioned to M^r Brice this Replyant was
obliged to pay M^r James Wootten Rector of S^t Ann's Parish in Ann Arundell
County and Curate of Westminster Parish a large Quantity of Tobacco in
the said parishes on account of the forty per poll which the said Wootton Sold
to Mess^rs Richard Jones jun^r and Samuel Chambers and that the said M^r
Brice refused orders on persons liveing on the South Side of South River,
but required the payment of the said Tobacco in the said parishes, alledging
that Tobacco else were would be altogether inconvenient for him, That this
Replyant being unwilling to continue in Debt to the Defendant promised to
pay the said Brice the said Twenty thousand pounds of Tobacco ordered by
the Defendant in the s^d parishes if possibly he could, tho he must remark
that the Same was not timely demanded as by the date of the said order may
appear, that Soon after the said Brice bought the said Jones and Chambers
Claime and then had orders for about Eighty thousand pounds of Tobacco
from this Replyant on inhabitants in the Said Parishes in order to Satisfye
him as well the order of the said Wootton as of the defendant, That the said

Brice proceeded to receive Tobacco on account of the said orders, and then

Towards the latter end of the year finding Capt Peighns Ship, for which he
designed the Said tobacco almost loaden, he desisted from receiving any
more, and then made up an account with the Replyant of [394] forty thou-
sand pounds of tobacco, As by this Replts account books will appear, whereof
he owned to have received on the Defendants account but four thousand Six
hundred and thirty two pounds of Tobacco, at which this Repliant was much
Concerned and Sent to M^r Brice to know the Reason who made answer that
he allowed the Receipt of the Tob^o on Acc^t of those to whom he Could make
the easyest payment, and when this Replyant insisted that twenty thousand
pounds of the Forty thousand Should be on Acc^t of the Def^t he Utterly Re-