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Kent County Court Proceedings, 1676-1698
Volume 557, Page 931   View pdf image (33K)
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Coll John Hynson and the rest of his Associates then Justices of
sd Court by the consideration of the same Court the said Richard
did recover ag.t him the said Robert a certain Judgment for y.e
sume of 651.ll of Tobaccoe being by the Justices of sd Court adjudged
to be the Ball.a of Accompt due to the said Richard In
consideration therof the said Richard upon himselfe Assumed
and to the said Robert he faithfully promised that he the sd
Richard would repaire for the said Robert one Tobaccoe house
being one of the Articles in the said Richards Acc.ot for w.ch the said
Richard recovered Judgm.t ag.t him the said Robert And he the
Robert in fact saith that trusting to the promise and Assumption
of the said Richard did suffer the said Richard to recover Judgment
ag.t him the said Robert Yett notwithstanding the said Richard
little regarding his promise and Assumption aforesd the sd Tob.o
house according to his promise and Assumption aforesd did not
repaire alltho often required but the same to doe hath denied &
refused and still doth &c.a to the damage of the said plt Thirteene
hundred poundes of Tobaccoe and therupon he brings this suit
                Macklin p q.r pledges &c.a John Doe Ri Roe

Richd Wallis
         ag.t
Rob.t Davenish
Demur and the said Defend.t by Michael Earle his
att.ry comes and defends the force and Injury when &c.a
And saith that for the mang uncertainties and insufficiencies in y.e
plts decl and the Matter therin contained he the sd Defd.t is not obliged
nor by the Law of the Land is he Bound to Answer All w.ch
he is ready to Aver Therfore for want of a sufficient declr &
sufficient matter therin ^to be^ contained he the said Defd.t prayes Judgm.t
&c.a   Earle p Defd.t which sd Demurrer was not Argued and ordered y.t
plea be filed

Wallis
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Davenish
And the said Defend.t by Michael Earle his Att.ry comes
and defends the force and Injury when &c.a And for a plea saith
that he the sd plt his Accon aforesd ag.t him the said Defd.t he ought not to
have and Maintaine for that the sd Defd.t by way of protestation saith
that he went to the house of the sd plt and there tendred his Work in order
to Finish the house in the plt declaracon menconed but the sd plt
then refuses to send the said Defend.t according to the Custom in such cases
all which he is ready to Aver and of this puts himselfe upon the Country
Earle p Defd.t                     Issue Joyned Macklin
 


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Kent County Court Proceedings, 1676-1698
Volume 557, Page 931   View pdf image (33K)
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