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XII. For not afterwards, to wit, on, &c. at, &c. aforesaid, requested the said employing:

C D to receive her the said A B into the service of her the said C D in the capacity aforesaid, and to retain and employ her in such service at the wages aforesaid. Yet the said CD, not regarding her said promise and undertaking, but contriving, and fraudulently intending craftily and subtly to deceive and defraud the said A B in this behalf, did not, nor would, at the said time when she was so requested as aforesaid, or at any time afterwards, receive the said A B into the service of her the said C D, or retain or employ her in such service at the wages aforesaid, or otherwise howsoever, but wholly neglected and refused so to do, whereby the said A B not only lost and was deprived of all the profits and emoluments which might and would otherwise have arisen and accrued to her from entering into the service of the said CD, but also lost and was deprived of the means and opportunity of being retained and employed by and in the service of divers other persons, and remained and continued wholly out of service and unemployed for a long space of time, to wit, for the space of three months then next following, and was and is otherwise greatly injured and damn fied, to wit, at, &c. aforesaid, &c.

13. On a build

For that whereas, heretofore, to wit, on, &c. at, &c. by a cering agreement for not tain agreement then and there made by and between the said performing part of the A B and the said C D, it was agreed, that the said C D should work, and for take down a certain messuage or dwelling-house, situate at, performing the residue &c. and should *build two other messuages or dwelling-houses inartificially. (m)

for the said A B, agreeably to certain plans thereof then in the possession of the said CD, and according to the particulars and in manner following: that is to say, that the said old house should be taken down, and the bricks cleaned and worked up,

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(m) The terms of the agreement the declaration be framed as in the are to be stated as in the agreement. second count of the above precedent, The precedents which may be classed it must either be shewn that the deunder this head are very numerous, fendant was to have a reward for the see the Index to 2 Wentw. When work to be performed, or that he ac. the action is founded on a written tually performed it, and unskilfully, 5 agreement, it is usual to set the same T. R. 143. out, as to which, see 6 East, 569. If

&c. [Set out the agreement verbatim.] And the said agree. XIII. For not ment being made afterwards, to wit, on, &c. at, &c. (Mu- performing tual promises as ante, 76.] And although the said A B hath always, &c. [State plaintiff's general performance of the agreement, and special performance of any precedent condition. Yet the said A B in fact saith, that the said C D contriving, and wrongfully, and unjustly intending, to injure the said A B, did not, nor would perform the said agreement, nor his said promise and undertaking, but thereby craftily and subtly deceived the said A B, in this, to wit that the said C D wholly neglected and omitted to do and perform certain works which were requisite and necessary to be done and performed under and by virtue of the said agreement, and according to the tenor and effect, true intent and meaning thereof, that is to say, to pull down, &c. [Here specify the breach, according to the fact.] And the said C D also thereby craftily and subtly deceived the said A B in this, to wit, that the said CD afterwards, to wit, on, &c. and on divers other, &c. did and performed certain other works which were requisite and neces. sary to be done and performed under and by virtue of the said agreement, in a bad, inartificial, and unworkmanlike manner, contrary to the *form and effect of the said agreement, and of his said promise and undertaking, to wit, at, &c. aforesaid. And Second count whereas also herctofore, to wit, on, &c. aforesaid, at, &c. aforesaid, in consideration that the said A B, at the special, &c. of the said CD, had then and there retained and employed him the said C D to take down a certain other messuage or dwelling-house, with the appurtenances, and to erect and build divers, to wit, two other messuages or dwelling-houses, with the appurtenances in lieu thereof, for the said A B, agreeable to certain plans and particulars then and there made and agreed upon by and between the said A B and the said CD, for certain reasonable reward to the said C D, in that behalf, he the said C D undertook, and then and there faithfully promised the said A B to erect and build the said last-mentioned messuage or dwelling-house, with the appurtenances, agreeable to the said last-mentioned plans and particulars, with good and proper materials, and in a sound, substantial, and workmanlike manner, and although the said C D did afterwards and before the commencement of this suit, erect and build the said last-mentioned

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on same eon. traet.

XIII. For not messuages or dwelling-houses, with the appartenances, for the performing

said A B, to wit, at, &c. aforesaid. Yet the said C D, not regardworks.

ing &c. but contriving, &c. did not, nor would, erect or build the said last-mentioned messuages or dweiling-houses, with the appurtenances, for the said A B, agreeable to the last-mentioned plans and particulars, with good and proper materials, and in a sound, substantial and workmanlike manner, but wholly neglected and refused so to do, and on the contrary thereof, he the said C D erected and built the said last-mentioned messuages or dwelling-houses, with the appurtenances, different from und contrary to the said last-mentioned plans and particulars, and with bad and improper materials, and in a slight, weak, inartificial and unworkmanlike manner, contrary to the form and effect of his said last-mentioned promise and undertaking, to

wit, at, &c. aforesaid. [Add another count similar to the last, * 96

omitting the words *in italics, and such other counts as may be applicable to the case.]

14. Against an For that whereas heretofore, to wit, on, &c. at, &c. in conattorney for negligently sideration that the said A B, at the special instance and recause to Erial quest of the said C D, had then and there retained and employwithout pro- ed the said C D as an attorney of the court of our said lord per evidence,

the king, before the king himself, to prosecute and conduct a certain action of trover in the same court, by and at the suit of the said A B against one E P, for taking away and converting to his own use, certain goods and chattels, claimed by him the said A B to be his own proper goods and chattels, for certain reasonable fees and reward, to be therefore paid by the said A B to the said CD, he the said C D undertook, &c. to

(n) Declarations against auction- 4 Burr. 2061. 2 Wils. 325. 1 Saund. eers, agents, &c. of every description, 312. n. 2. and of others, and of the may be framed on the same principle distinction, where there is no reward, as this form. See precedents of de. 5 T. R. 143. 7 T. R. 171. 1H. BI. clarations against attornies, &c. for 158. Though usual it is not in genenegleet, in the Index to vol. 2. of ral necessary nor advisable to allege Wentw. The law implies a contract that the party against whom the acon the part of an attorney, and others tion was depending, was indebted, employed for reward, to conduct the &c. but the declaration may be withbusiness of another, to perform their out any inducement, and may comduty, in relation to their employment. mence with the statement of the res As to the liability of an attorney, see tainer. See Peake, C. N. P. 119.

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prosecute and conduct the said action in a proper, skilful and XIV. Against

Attornies. diligent manner.) Nevertheless the said C D, not regarding his said promise and undertaking, but contriving, &c. did not nor would prosecute or conduct the said action in a

proper, skilful, or diligent manner, but on the contrary thereof, prosecuted and conducted the same action to trial in so improper, unskilful, and negligent a manner, [in not having a certain instrument before then prepared by the said CD, and purporting to be a sale and assignment of the said goods and chattels, by the said E F to the said A B, stamped according to law, so that the same might have been given in evidence on "the said trial of the said action,](n) that the said A B by the said neglect and default of the said C D in that behalf, was hindered and prevented from giving the same instrument in evidence upon the trial of the said cause, and by reason thereof, was afterwards, to wit, on, &c. at, &c. aforesaid, compelled to suffer himself the said A B to be nonsuited in the said action, whereby he the said A B was not only hindered and prevented from recovering his damages from the said E F, by reason of his taking away and converting the said goods and chattels as aforesaid, but hath also been forced and obliged to pay and hath paid to the said E F a large sum of money, to wit, the sum of --. for his costs and charges in and about his defence of the said action; and hath also been forced and obliged to pay, and hath paid to the said C D, another large sum of money, to wit, the sum of --. for his costs and charges, for the prosecution and conduct of the said action, to wit, at, &c. aforesaid. [Add such other special counts as may be applica

ble to the case.]

1

() It is in general proper, at least said C D, under and by virtac of his
in one count, to declare generally on said retainer, and his said promise
the duty of the agent, Rep. temp. and undertaking, to," &c. (stating
Hardw.309. In some cases it is advisable the particular duty,) and then pro-
here to state the particular act, which ceed, “Nevertheless," &c.
it was the duty of the defendant to (o) The statement of the particu-
perform, and which allegation may lar neglect of duty, must necessarily
be introduced in the following way: depend on the circumstances of each
" and although it was the duty of the particular case.

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For that whereas heretofore, to wit, on, &c. at, &c. the said C D bargained for and bought of the said A B, and the said A B at the special instance and request of the said C D, then and there sold to the said C D a large quantity, to wit, ten loads of wheat, at the rate or price of --. for each and every load thereof, to be delivered by the said A B to the said C D in a week then next following, at and to be paid for by the said C D to the said A B on the delivery thereof, as aforesaid, and in consideration thereof, and that the said A B, at the like special instance and request of the said C D, had then and there undertaken and faithfully promised the said C D to deliver the said wheat to him the said C D in the time and at the place aforesaid, he the said C D undertook, and then and there faithfully promised the said A B, to accept the said wheat of and from him the said A B, and to pay him for the same, on the delivery thereof to him the said C D as aforesaid. And although the said A B afterwards, and within a week next after the making of the said promise and undertaking of the said C D, to wit, on, &c. at, &c. aforesaid, was ready and willing, and then and there tendered and offered to deliver the said wheat to him the said CD, and then and there requested the said C D to accept the same, and to pay him for the same as aforesaid.(r) Yet the said C D not regarding his said promise and undertaking, but contriving, and craftily and subtly intending to deceive and defraud the said A B in this behalf, did not,

to

(7) See the precedents in Index be in bills of exchange, &c. See

2 Wentw, For not accepting ante, 85. as to the count for goods stock, 4 Fast, 607. If there were a bargained and sold, ante, 17. special written agreement between (r) If by the terms of the contract, the parties, a count may be framed it were not incumbent on the vendor, thereon, stating mutual promises. to deliver at any particular place, but As the plaintif may recover on the on the vendee to fetch the goods away counts, for goods bargained and sold, from the plaintiff's premises, as is although the goods have been resold, generally intended, when it is not (sec i Esp. Rep. 251. 1 East, 194. otherwise agreed, (5 T. R. 409.) the i Vezy, jun. 5.30. 7 T. R. 67.) this contract should be stated accordingly, coʻint is not absolutely necessary. It and the defendant's engagement to is usual, however, to declare specially, fetch away within a specified time, or und this is necessary, in order to re a reasonable time, will be staten, cover any special damage, by rehous- and in such case it will be sufficient ing, &c. it is also necessary to declare to aver the plaintiff's readiness to specially, when the payment was to deliver.

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