MARYLAND COURT OF APPEALS 95

unto Often times required And So the Said James Saith that the Said Ger-
rard Although often required the Coven^t af^d of that it was Covenanted and
Agreed of by and between the partys to those presents for themselves and
their Assignes that the Said Gerrard Slye or his Assignes Should have as Law-
full purchase of and from the Said James Bowling or his Assignes all his
Whole Cropp or Cropps of Tobbacco which he Should make with his Serv-
ants and Slaves on his Plantation or Plantations That p^rSent year 1681 and
That the Said James Bowling Should use his Uttmost Endeavour for the
making the Brightest and best Tobbacco they Could Clear of all Trash and
to Order it Accord, to the Said Gerrard Slyes Instructions In Consideration
Whereof the Said Gerrard Slye or his Assignes was to Allow and pay unto the
Said James Bowling or his Assignes after the rate of one peny per pound to
be paid in Goods and the Same to be delivered att Westwood Landing or
Piles Creek in Wiccocomico River Next fall att first and Prime Cost as the
Said Goods [142] Should bona fide Cost out of the Shops without any Charge
of fraight Custom or any other Petty Charges whatsoever onely the Said
James Bowling or his Assignes Should deduct and Allow him the Said Ger-
rard or his Assignes one Peny in Every Shillings worth of Goods in Lieu of
the Said Charge w^th the Said James Bowling he hath not kept but broken but
the Same with him hitherto to keep hath Denyed and Still doth Deny, Where-
upon the S^d James Saith he is the worse and hath Damage to the Value of
Two hundred pounds Sterling and thereupon he brings this Suite.

And the Said Gerrard Slye by Robert Carvill his Att^rney Cometh and
Defendeth the force and Injury when etc. and prayeth Liberty to Imparle
hereunto untill Next Prov^ll Court and it is Granted unto him the Same Day
is given unto the pl^l Likewise.

Now here att this day to witt the 19^th day of October in the 7^th Year of
the Dominion of the R^t Hon^ble Charles Lord Baltemore etc. Annoque Dni
1682 Came the Said Partys by their Attorneys af^t and the Said Gerrard Slye
by his Attorney Saith that the Said James his Action against him Ought not
to have because he Saith that he the Said Gerrard Slye the Said 22^th day of
Aprill in the Year of our Lord 1681 af^d att Bushwood af^d in the Said County
did make and Seale to the Said James a Certeine Obligatory of penalty of
one hundred Pounds Sterl Conditioned for the true performance of the
Covenants in the Said Writing Indented mentioned to be performed on
the part of the Said Gerrard Slye he the Said Gerrard did then and there to the
S^d James Deliver and this he is ready to Averr whereupon [143] he prayeth
Judgment of the Said James other Action then upon the Said Writing
Obligatory ag^t him the Said Gerrard ought to have And the Said James Saith
that he by any thing by the aforesaid Gerrard above by pleading Alledged
from his Action af^d ag^t him the Said Gerard ought not to be barred, and that
he thereto hath no Need nor by the Law of the Land is bound in any Manner
to Answer and this he is ready to Verify Whereupon and for want of a Suffi-