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Kent County Court, Proceedings, 1718-1720
Volume 833, Page 246   View pdf image
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   246                                       March Court 1718
   Said Deft the afd one Thousand Three hundred and fifty pounds of Merchantable
   Tobacco to the Said pay when thereunto required would well and truly pay and
   Content And that Whereas also the afd Deft afterwards vizt. the Second day –
   of January afd in the Year afd at the Parish County & Jurisdiciõn afd in–
   Consideration that the afd Plt. at the like Special Instance and Request
   of the afd Deft had then and there last mentioned Sold and delivered to -
   the Said Deft to the proper use of the Said Deft divers goods wares and
   Merchandizes in an Acco.t hereto Annexed Specifically Set forth upon
   himselfe assumed and to the Said plt then and there last mentioned faith:
  :fully Promised that he the Said Deft So much Merchantable Tobacco as the
   afd last mentioned Goods wares and Merchandizes Sold and delivered as afd at
   the time of the Sale and delivery thereof at Reasonable rates and prices were
   worth and Amounted to. to the Said Plt when thereunto required would well—
   and truly pay and Content And the afd Plt indeed Saith that the afd Last —
   mentioned Goods wares and Merchandizes Sold and delivered as last —
   mentioned at the time of the Sale and delivery thereof at Reasonable rates and
   prices were worth and Amounted unto one Thousand Three hundred and —
   fifty pounds of Merchantable Tobacco in manner as in ye last Account Set
   forth of which the afd Deft then and there last mentioned had Notice Nevertheless
   the afd Deft his Severall promises and assumptions afd in forme afd made as to
   the afd Severall Summs of Tobacco in the Said Declaration mentioned in the
   whole Amounting to two Thousand Seven hundred pounds of Merchantable
   Tobacco he hath not minded nor in any wayes kept altho’ to pay the Same
   the Said Deft upon the tenth day of Aprill in the year of our Lord Christ one Thousand
   Seven hundred and Eighteen at the parish afd within the Jurisdiciõn of this Court was there:
   unto required but he the Said Deft the afd two Thousand Seven hundred pounds of Tobacco
   to the Said Plt to pay or Content hitherto hath denyed and yet doth deny to the damage
   of the Said Plt Three Thousand pounds of like Tobacco and thereupon he brings Sute &ca.
                                                             TBowne pr Querr plds Jno Doe Rd Roe
  John Bud Decbr. 30th 1712 to Peter Allaby    Janry 2d in 1713 To eight bushells of wheat 50 400
   for divers goods Reserved in Severall times     To Sixteen bushels of Indian Corn 25 — 400
   To Six bushells of wheat .   .   .   .   .    300      to one bushel of wheat ————————    50
   To Eight bushell of Indian Corn 25    200       The totall —————————— 1350
                Save Errors Excepted pr me Peter Allaby –
   and the afd Deft came in Court and Saith that he Cannot gainsay the Accõn
   afd of him the Said Pltf nor but that the Accompt afd of him the Said Pltf is
   Just and true and that he is Indebted to him the Sume of thirteen hundred and
   fifty pounds of Tobacco and is willing that Judgment Should be entered for
   the Same and Cost thereon accruing Therefore it is Considered by the Court
   here vizt. This Twentieth day of March Anno Domini One Thousand Seven
   hundred and Eighteen That the afd Plt Peter Allaby do recover against
   the Said Deft John Bud as well the afd Sume of Thirteen hundred and
   fifty pounds of Tobacco Damages as also the Sume of two hundred and
                                                                                                      ninety



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Kent County Court, Proceedings, 1718-1720
Volume 833, Page 246   View pdf image
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