2804 ARTICLE 75

(19) That the plaintiff and. defendant agreed by charter party that the
plaintiff's ship called the "Daniel Webster" should with all convenient
speed sail to L., or so near thereto as she could safely get, and that the
defendant should there load her with a full cargo of coffee, or other lawful
merchandise, which she should carry to B., and there deliver on payment
of freight $——— per ton, and that the defendant should be allowed ten
days for loading, and ten days for discharge, and ten days for demurrage,
if required, at $——— per day; and that the plaintiff did all things necessary
on his part to entitle him to have the agreed cargo loaded on board the ship
at L., and that the time for so doing has elapsed, yet the defendant made
default in loading the agreed cargo.

(20) That the defendant warranted a horse to be then sound and quiet
to ride, and thereby sold the said horse to the plaintiff yet the said horse
was not then sound and quiet to ride.

A declaration held to be in conformity with this sub-section. McCeney v. Duvall,
21 Md. 185.

(21) That the plaintiff let to the defendant a house No. 200 Market
street, in the city of Baltimore, for four years, to hold from ——— day of
———, at $——— a year, payable quarterly, of which rent ——— quarters are
due and unpaid.

(22) That the plaintiff by deed let to the defendant a house on Patrick
street, Frederick, in ———— county, for seven years, from the ———— day
of ————, and the defendant, by the said deed, covenanted with the plain-
tiff, well and substantially to repair the said house during the said term
(according to the covenant), yet the said house was, during the said term,
out of good and substantial repair.

(23) That the plaintiff and defendant by their agreement in writing
referred the matters therein mentioned to arbitrators, and the arbitrators
have made their award in writing, that the defendant pay the plaintiff the
sum of $———, which the defendant has failed to do.

[Where the award is not for the mere payment of money as above, but
for the performance of some act by the defendant, that act must be stated
in place of the italic line, and where the plaintiff also is to perform some
act, either precedent or concurrent, a general averment "that he has per-
formed (or is ready to perform) all on his part," after the statement of
non-performance by the defendant, as above, shall be sufficient.]

(24) That one W. T. owed the plaintiff the sum of $———, and the
plaintiff was about to sue him to recover the same. And in consideration
that the plaintiff would forbear to sue the said W. T. the defendant agreed
to pay the same to the plaintiff, and the plaintiff did forbear to sue the
said W. T. and the defendant has not paid the said sum of $———.

A count held to be in strict conformity with this sub-section. Brown v. Tipton,
64 Md. 285. Cf. Busby v. Conoway, 8 Md. 55.

(25) That the plaintiff purchased of the defendant a thousand bushels
of wheat for the sum of fifteen hundred dollars, to be paid for on delivery
thereof, and the defendant promised to deliver the same on the ————
day of ————, at the defendant's warehouse in the city of Baltimore, and
on said day the plaintiff demanded said wheat at said warehouse and
tendered to the defendant said sum of fifteen hundred dollars in payment
for the same, and the defendant refused to deliver the said wheat to the
plaintiff.