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. for nonperformance of a contract for the ex- II. 192. for mixing fish after purchase. Same precedent. for non performance of an agreement for the purchase 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. 11. 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, (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 defendant 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 defendant's and the money to boot. II. 220. for not fetching away ashes bargained for. II. 223. against an auctioneer for not putting up goods to for not delivering possession of an estate pur- 226. for not paying plaintiff for two hogs sold and delivered to defendant for half hops and half casb. II. 228. ASSUMPSIT, (continued.) declarations in, for not delivering two guineas to a third person whereby plaintiff was prevented from trying against a prize agent for not disposing of prize to best advantage. II. 279. pawnbroker for not suffering plaintiff to redeem bis pledge. II. 280. for not returning a note which was delivered to defendant for safety. II. 282. for not delivering a bill of exchange left for ac- for not delivering up certain writings in conside- 288. for negligence in landing indigo whereby it was lost. II. 289. against an auctioneer, for not putting up goods to sale agreeable to advertisement. II. 328. for not making a good title to estate. 11. 329. on an agreement: plaintiff employed defendant to sell his house, the conditions of sale requiring the purchaser to pay down a deposit of 20 per cent. &c. Defendant sold the house but ASSUMPSIT, (continued.) declarations in, neglected to demand the deposit, &c. II. 331. by an auctioneer for employing him to sell goods and afterwards selling them by another. 11. 333. against a bailiff, on special agreement: defendant having arrested one G. M. administrator, the plaintiff received from him part of the debt and suffered him to go at large, promised to pay the remainder, &c. II. 335. for taking so little care of the goods distrained that they were eloigned. II. 357. against administrator of a factor for the money arising from goods delivered to the intestate by principal. II. 338. for not accounting for goods delivered defendant to sell for plaintiff. II. 340. for not paying the duties at the custom house on goods consigned to defendant per quod the goods were sold and produced much less than the value. II. 341. by a sailor, against the owners of a ship which was taken by the enemy and ransomed; plaintiff remained a hostage for a long space of time and this was for his wages. II. 345. for not paying plaintiff wages for service on board defendant's ship and detaining his chest and clothes, &c. II. 347. for discharging plaintiff, (who was captain,) whilst he was abroad and not paying his wages. II. 348. seizing plaintiff's books and papers, &c. Same precedent. 84 ASSUMPSIT, (continued.) against defendant, a shipwright, for not finish- for goods lost by a deviation from the usual pas- sage. on an agreement to undertake to let plaintiff's ship to commissioners of the navy and procure bills of imprest. II. 359. against the captain of a ship for deviating, smuggling, &c. II. 361. by the owners of a ship against a ship builder for not repairing and re-delivering her within a certain reasonable time, &c. II. 363.. for not permitting plaintiff to use the cabin of a by the chief mate against the captain of a ship on an agreement: defendant assignee of a bank- on an agreement: defendant promised in consideration that plaintiff would forbear prosecuting the sheriff of G. for having taken insufficient pledges in replevin, he would pay the |