ASSUMPSIT, ( continued.)

declarations in,

for not delivering up possession of a house.



for not taking premises and stock at a valuation

II. 97. for not making application to mortgagee of cer

tain premises to permit plaintiff to continue in

possession. II. 100. for not paying the costs of an ejectment suit in

consideration of plaintiff's discontinuing the suit and permitting defendant to enjoy, &c.

II. 104. for not paying the purchase money for an estate,

II. 105. for the forfeit on nonperformance of an agreement.

II. 106. for not paying the purchase money for a quantity

of bay. 11. 108. for not paying for share and interest in a patent.

II, 109. for not paying for a share of a ship by the pro

mised instalments. II. 110. for the value of skins delivered to dress into

leather. II. 111. for not taking liquors and paying by acceptances.

II. 115. for not taking shares of adınission to theatre and

paying the stipulated sum. II. 116. for the price of a gelding. II. 118. for the price of a watch. II. 120. for the price of goods which were to be paid for

if not returned in a limited time. II. 121. on an agreement for the exchange of cattle. II.


for not taking up the note or debt of a third per

son according to agreement. II. 122.

ASSUMPSIT, (continued.)

declarations in,

for the price of hay sold, (part delivered.) II. 123.
for abusing a horse insomuch that he died. II.
· 124.
for deceit in the sale of an unsound horse. II.

the like of rotten sheep on a warranty. II.

the like of a gelding. II. 127.
for not taking back a parcel of buckles which

were to be taken back if not made according

to sample. II. 128. for the price of a gold watch made to order. II.

130. for not delivering calves at stated times and in

stated numbers according to agreement, II.

131. for not taking hops, which had been damaged

through the carelessness of defendants, at

prime cost. II. 132. for not fetching away brewing utensils which de

fendant had bought of plaintiff. II, 134, for not delivering cows. II. 138. for a deceit in delivering an imitation instead of

a real topaz, II. 139, for a deceit in the quality of goods sent to order

and accepted without knowledge of their qual

ity. II. 141. for not discharging the trust reposed in defen.

dant in not sending goods as directed. II. 146. for not delivering raffles won at a raffle. II. 148, for not returning a mare lent to defendant. II.

149. for not paying 4d. out of every shilling earned

for the fire of a sloop. II. 151. . for not taking back an unsound horse. II. 153.

ASSUMPSIT, (continued.)

declarations in,
for hiring a horse to plaintiff 'not able to perform

a journey. II, 153.
against a master of a ship upon a bill of lading

to deliver goods. II. 155. by factor against principal for not paying him

the money laid out in the purchase of goods.

II. 160. for not paying the amount to be paid on the re

turn of a horse. II. 161. on an agreement that if plaintiff would deliver

into defendants hands goods attached in the hands of the plaintiff, Defendant would permit

a levy on the goods if condemned. II. 162. on an agreement that if plaintiff would deliver up

a bill of exchange in his custody, and in wbịch he had arivanced money, defendant promised to repay the money 80 advanced.

II. 173. for not delivering two guineas to a third person,

II. 175. for not delivering liay contracted for in such quantities and at such times as promised. I.

175. for the freight of plaintiff's ship. II. 177. for negligence in the care of a horse. II. 179. for not accepting and paying for so quarters of

barley. II. 180. · on an agreement that Defendant wonld loan

plaintiff so much money to be invested at Canton in tin if plaintiff would buy the tin, on hall

profits. II. 181. on the warranty of a bull to be a good calf get

ter. II. 184. for using a mare immoderately and not returning

her within a stipulated time. II. 184.

• ASSUMPSIT, (continued.)

declarations in,
on an agreement that defendant would buy of the

plaintiff a quantity of opium if the whole was

as good as the sample. II. 186. for the nonperformance of an agreement for the

purchase of an expected importation of tallow.

II. 187. for the nondelivery of goods bought at auction.

II. 189, for nonperformance of a contract for the ex

change of Irish linen for buckles. II. 191. for not delivering . a quantity of fish as good as

the sample shewn. II. 192. for mixing fish after purchase. Same precedent. for non performance of an 'agreement for the pur

chase of an expected importation of cottons.

II. 193. on an agreement: plaintiffs bought a horse which

they suspected would soon become unsound in consequence of a swelling then upon it, and refused to take it unless defendant would take it back again if it turned out unsound, it turned out unsound and defendant refused, &c.

II. 195. for abusing a hired horse. II. 197. on the false warranty of a horse to be sound, and

that he would go well in a chaise. II. 198. for defect in the exchange of an unsound horse, knowing him to be such, for a sound horse. II.

200. on the warranty of a picture to be the work of

Poussin. II. 201. for selling an unsound horse at a sound price.

II. 202. for warranty of a cow and calf that the cow bad

newly calved. II. 203.

ASSUMPSIT, C continued.)

declarations in,
for palming inferior cyder on the plaintiff as the

cyder purchased. II. 204.
against a miller for not delivering back the
whole quantity of wheat sent him to be ground.

II. 207. on the guaranty of the payment of an annuity.

II. 211. for not taking a ship knocked down to defend

änt at a public auction. II. 213. for a bag lent to defendant and not returned.

II. 215. for not returning the purchase money given for

a horse, which was to be returned if the horse

was not liked. II. 216. on agreement to pay the money plaintiff had

given for distrained cattle if plaintiff would

deliver them to the tenants. II. 217. for not paying back part of an apprentice fee

agreed to be returned in case. apprentice left

II. 219. on an agreement for the exchange of cattle ; for

the nondelivery of the defendants and the mo.'

ney to boot. II. 220. a similar. H. 222. for not fetching away ashes bargained for. II.

223. against an auctioneer for not putting up goods to

sale according to advertisement. II. 224. for not returning a mare let to hire in good con

dition. II. 224. for not delivering possession of an estate pur

chased at auction against the late owner. II.

226. for not paying plaintiff for two hogs sold and de

livered to defendant for half hops and half cash. II. 228.

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