Volume 859, Page 89 View pdf image |
June Court 1737
89 did assume and to the said Ezekiell on the day and year afd at the County afd faithfully promise that he the said Adam the af.d fly Coat of the matterials af.d for the Ezekiel would well and in workman like manner for the said Ezekiel make and the same so as af.d made would deliver to the said Ezekiel on or before the day of then next ensuing (also the said Ezekiel hath always been ready to deserve for making the coat af.d Nevertheless the said Adam his promise and assumption afd in form afd not regarding but minding and fraudulently Intending the said Adam in that part craftilly and Subtilly to deceive and defraud the afd fly Coat for the said Ezekiel on or before the afd day and Year Last mentioned did not make & to the said Ezekiel deliver but the Materialls afd to witt the Kersie Shalloon buttons mohair silk and Linen afd in his hands and possession so Long after the day and year Last mentioned did keep and detain that the Kersie shalloon buttons mohair silk and Linen ^afd so eaten^ with the moth and Otherwise spoiled and damnified were that they are become Useless and of noe Service to the said Ezekiell whereupon the said Ezekiell says he is damnify'd ten pounds Curr.t money of maryland and thereof he brings Suite &c with this that the said Ezekiel will verifye and prove that the said Kersie Shalloon buttons mohair silk and Linen were not Eaten with the moth or spoiled or damnifyed when the same were delivered by the said Ezekiell to the said Adam pledges &.c Jno Doe R Roe And the afd Adam Brafford by William Beckingham his attorney Cometh and defendeth the force and Injury when &.c and prayeth Leave thereof to Imparle here untill the third Tuesday of June then next following and he hath it and the same day is given to the afd Ezekiell here also &c Att which day here Came againe the said Exekiell Wise by his attorney afd and prays that the same Adam Bell to his declaration afd may answer but the Same Adam saith nothing in barr or preclusion of the action afd of the afd Ezekiel by which the same Ezekiel his damages by occasion of the non performance of the promise and assumption afd against the same Adam Ought to recover but because it is not known |
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Volume 859, Page 89 View pdf image |
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