Volume 833, Page 485 View pdf image |
June Court 1720 485 to the proper use and behoofe of the afd Deft. before that time last mentioned Sold and delivered as in an Account hereunto annexed Sett forth and So thereof being Indebted the afd. Deft. in Consideration thereof upon himself assumed and to the Sd. Plts. then and there last mentioned faithfully promised that he the Sd Deft. the afd. last mentioned Summ of one thousand two hundred and twenty pounds of merchantable Tobacco to the Sd plts: when thereunto after: wards he Should be required would well and truly pay and Content. And that whereas the the afd. Deft. afterwards vizt. the afd. twentieth day of January last mentioned in the year afd. at the parish County and Jurisdiction afd. in Consideration that the afd. plts. at the Special Instance and request of the Sd. Deft had Sold and delivered to the Sd Deft and to the proper use and behoofe of the Sd. Deft. diverse goods wares and Merchandizes in an account hereunto annexed particularly Sett forth upon himself assumed and to the Sd plts. then and there last mentioned faithfully promised that he the Sd. Deft. So much merchantable as the afd. Goods wares and merchandizes sold and delivered as last mentioned at the time of the Sale and delivery of the Same were reasonabley worth to the Same plts: when thereunto afterwards he Should be required would well and truely pay and Content And the afd. plts. Indeed Saith that the afd. Goods wares and Merchandizes last mentioned at the afd. time of their Sale & delivery at the parish County and Jurisdicition afd. were reasonably worth and amounted to the Sum of one thousand two hundred and twenty pounds of merchantable Tobacco in manner as in the Sd. Account Sett forth of which the Sd Deft. then and there last mentioned had Notice Nevertheless the afd. Deft. his promises and assumptions afd. in form afd. made as to the afd. Summs of Tobacco in the whole amounting to two thousand four hundred and ninety two pounds of Merchantable Tobacco he the Sd. Deft. not minded nor in any wise kept. But altho’ the Sd Deft. hath paid and Sa= tisfyed to the Sd. plts. the Summ of five hundred and Seventy two pounds of Merchan= table Tobacco of the afd. Summ of two thousand four hundred and Ninety two pounds of merchantable Tobacco Part. Yet the afd Deft. his promises and assumptions as to the Summ of Nineteen hundred and twenty pounds of merchantable Re= sidue litle minding but plotting and fraudulently Intending the Sd plts. of the afd. Summ of Nineteen hundred and twenty pounds of merchantable Tobacco Craftily to deceive and defraud the afd. Summ of Nineteen hundred pounds of merchantable the Sd Deft. to the Sd plts. hath not paid nor made Content for the Same. Altho’ to do the Same the afd. Deft. afterwards vizt. the tenth day of February in the Year last mentioned at the parish and County and Jurisdiction afd. and often af= terwards by the Sd. plts. was thereunto required But that to the Sd. plts: to pay or Content hitherto hath denyed and Still doth deny to the Damage of the Sd. plts. two thousand pounds of merchantable Tobacco and thereupon they bring Suit. &c. DMacbride pr Quers plds Jno doe } & Rd Roe} |
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Volume 833, Page 485 View pdf image |
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