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August Court
1737
97 day of November anno Dom one thousand seven hundred and thirty six to answer unto Jacob Waggaman of a plea of trespass upon the Case &c and that thereof he should not fail &.c Att which day here before the Justices of his Lordships County Court of Somerset at dividing Creek Came ye said Jacob Waggaman by George Douglas his attorney and the Sheriffe of the same County to witt Joseph McClester Gent at the same day here returned that he had taken the afd James Carey whose body here at this day he had ready to answer the afd Jacob Waggaman of the afd plea as to him it was Commanded And hereupon the said Jacob Waggaman by his attorney afd declared against the afd James Carey in the plea afd in form following viz.t Somerset ss James Carey Late of Somerset County Bricklayer was attached to answer unto James Waggaman of a plea of trespass upon the Case &c And whereupon the said Jacob by George Douglas his attorney Complaines that whereas the said James Carey on the fourth day of aprill ann Dom seventeen hundred thirty and four at the County afd was and Still is a Brick maker and Bricklayer and whereas the said James in Consideration that he the said Jacob had then and there promised to pay the said James the sum of Nineteen pounds or the value thereof in Country Commoditys he the said James on Consideration thereof upon himself did assume and to the said Jacob then and there faithfully did promise that he the said James would well and sufficiently and in work man like man^n^er build for the said Jacob on y.e plantation of the said Jacob in Mattoponas Hundred in the County af.d the brickwork of one Dwelling house of the lenght of thirty feet outside Chimney and Gabel and ^at^ Each End of the said house and ^one^ partition or midle brick wall with one brick shed of the lenght of the smallest Room ^from^ and that the said work should be performed some time in the fall of the year afores.d and altho' the said Jacob hath paid to the said James the af.d Nineteen pounds or the Value thereof in Country Comoditys Nevertheless the said James his promise and assumption af.d ^in^ form af.d made nothing regarding but minding and fraudulently intending the said Jacob in that part to deceive and defraud the brickwork before mentioned solely in sufficiently and in such un workman like manner hath performed that the said Dwelling house to the said Jacob is of like or no use or benefit and the said Jacob hereby much hurt and damnified whereupon he says he is the worse and hath damage to the value of one hundred pounds Current money of Maryland and thereof he brings suit &c And the aforesaid James Carey by Robert Jenckins Henry his attorney Comes and defends the force and Injury when &.c and prays Leave thereof to Imparle here untill the third tuesday of March then next following an he hath it & the same day is given to the afd Jacob here also &c Att which day here Came againe as well the afd Jacob Waggaman as the afd James Carey by their attorneys afd and ^whereupon^ the same James Carey prays further Leave thereof to Imparle here untill third Tuesday of June then next following and he hath it and the Same day is (Given) |
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Somerset County Judicial Records, 1737-1738
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