Volume 859, Page 237b View pdf image |
March Court
1737
237 in the plea af.d Whereupon at the request of the parties af.d day is to them here given to be before his Lordships Justices at the next Court to be held at deviding Creek in and for the County af.d the third tuesday of August the next following in the same state ^as at present^ saving to the parties &.a Att which day here Came againe as well the af.d Day Scott as the af.d Benjamin Townsend by their attorneys af.d and Whereupon the said Day Scott declared against the af.d Benjamin Townsend in the plea af.d in form following Somerset County sst Benjamin Townsend late of Somerset County Merchant was attached to answer unto Day Scott of a plea of trespass upon the Case &.a And Whereupon the said Day by Robert Jenckins Henry his attorney complains that whereas the said Benjamin Townsend on the sixth day of may in the year of our Lord God one thousand seven hundred thirty and at Somerset County af.d was and still is a trader and dealer in pork and other Merchandize and whereas the said Benjamin on Consideration that he the said Day then and there promised to pay the said Benjamin the sum of twenty four pounds Currt paper money of maryland and eight pounds in Gold Currt money of the same province the said Benjamin on Consideration thereof upon himself did assume and to the said Day then and there faithfully did promise that he the said Benjamin would then and there sell and deliver unto the said Day sixteen Barrells of good sound and Merchantable pork full and well packed and a sufficient and usual quantity of neat pork contained in each Barrell and in case it should happen that any of the said Barrells upon view thereof should not be full and well packed and a sufficient and usual quantity of neat pork in every of the said sixteen Barrells then the said Day or such person as he should appoint should have free Consent and Liberty of him the said Benjamin to repack the pork in any of the said Barrells contained that should prove defective in any of the particulars above mentioned out of other Barrells residue of the same sixteen Barrells and after the said Barrells of pork should be so repacked as af.d the said Benjamin to the said Day then and there did faithfully promise that he the said Benjamin would refund and repay to the said Day at the rate of thirty shillings like paper money and ten shillings whole Gold by the Barrell for so many Barrells of pork as should be wanting of the said sixteen after the said |
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Volume 859, Page 237b View pdf image |
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