and had, at the like request of the said B, before that time, administered and applied divers other ointments, plasters, and other necessary things on that occasion &c. Imp. Pl. 258.

NOTE. Where the account of the physician or surgeon, is annexed to the writ, care should be taken that the particular disease or complaint should not be expressed, especially if of a scandalous or of fensive nature. See 2 Wils. 20. The charges should be for medical attendance, advice, medicines, &c. in general terms.

Indebitatus assumpsit for a surgeon.

1. For labor and services of the plaintiff, as a surgeon, before that time done and performed, at the request of the said B, in healing and curing the said B, (and one S. B., his wife, and other persons of the family of the said B, as the case may be), of divers bruises, wounds, and diseases, and for divers medicines, potions, and plasters, before that time provided and administered by the plaintiff in that particular, at the like request of the said B; and also for divers journies and attendances, before that time, performed and made by the plaintiff for the said B, at his request, in consideration &c.

Quantum meruit.

2. In consideration that the plaintiff, at the request of the said B. had, before that time, done and performed other his labor and services as a surgeon, in healing and curing the said B, (and S. B., his wife, and other persons of his family, as the case may be) of divers other bruises, wounds, diseases, and maladies, &c., as before. Imp. Pl. 224.

NOTE. In the same way the declarations may be for a physician or apothecary, omitting such parts as are unnecessary in the particular case. A declaration for work and services as a surgeon, a physician, &c., without more, would be sufficient. See Imp. Pl. 226, 227. Declarations for midwife and apothecary; in substance, the suit is for labor &c., as a midwife for A. D., wife of the defendant.

This action lies for medicines, provided and delivered for an infant daughter against the father. R. Ray. 62. But the declaration must state, for physic delivered for the daughter, at the request of the father, and not to the daughter. Keb. 439; Imp. Pl. 227; 2 Vent. 36. So midwife may maintain an action for delivering a third person, if it were at the request of the defendant. Imp. Pl. 227. But quare of the above distinction between to and for, as it has been repeatedly determined that goods delivered to a third person, where the credit is not given to him, at the request of the defendant, is good

without a note in writing, and may be declared on in indebitatus assumpsit, as such. Salk. 23; 2 L'd Ray. 842, 982; 6 Mod. 77; 1 H. Bl. 120. But, in such case, the declaration should be for goods delivered to A, at B's request, not sold and delivered; for sold creates a liability in A; and then B's liability is but collateral, and should be in writing under the statute of frauds, and specially declared on. L'd Raym. 842; 2 Vent. 36; 1 Salk. 28. See the ensuing

declaration. (MSS.)

Indebitatus assumpsit for goods delivered to a third person. 2 Vent. 36.

1. For divers goods, wares and merchandises, by the plaintiff, before that time sold to said B, and, according to the terms of said sale, delivered to one A, at the request of said B, in consideration &c.

Quantum meruit need not specify particulars. Cro. Jac. 206.

2. In consideration that the plaintiff, at the request of the said B, had, before that time, sold to the said B divers other goods, wares, and merchandises, and according to the terms of said sale, had delivered the same to one A, &c. 3 Went. 63.

NOTE. Add a count, in consideration that the plaintiff would sell and deliver to one A, &c. divers other goods &c., B promised to pay &c., and a quantum meruit of the same kind in both cases with an averment, that the goods were sold and delivered at a certain time and place.

Indebitatus assumpsit for meat, drink, &c. for defendant's son, or a third person, at defendant's request.

1. For meat, drink, washing, and lodging, and other necessaries before that time found and provided for one A B, the infant son of said B, at the special request of the said B, in consideration &c. Raym. 67; Keb. 439; Imp. Pl. 294.

Quantum meruit.

2. In consideration that the plaintiff, at the like request of the said B, had, before that time, found and provided other meat &c., for one A B, the infant son of the said B, &c. 3 Went. 62.

NOTE. If, for a third person, omit the parts in italics.

In a case like this, it was moved in arrest of judgment, that indebitatus assumpsit would not lie, but it ought to have been a special action on the case; but the court held the action well brought, and that it was an original undertaking by defendant, and A B was not li

able. 2 Ld. Raym. 982; 6 Mod. 77; 3 Bul. 31; Imp. Pl. 294, 303. (MSS.)

Indebitatus assumpsit for meat, drink, &c.

1. For meat, drink, washing, lodging, and other necessaries, by the plaintiff, before that time, found and provided for said B, at his request, in consideration, &c.

Quantum meruit.

2. In consideration that the plaintiff, at the like request of the said B, had, before that time, found and provided for the said B, other meat, drink, washing, lodging, and other necessaries &c. Imp. Pl. 291.

Indebitatus assumpsit for education of defendant's daughters. 1. For the board, maintenance, and education of one A D and B D, daughters of said D, before that time found, supplied, and provided by the plaintiff, at the request of said D, in consideration &c.

Quantum meruit.

2. In consideration that the plaintiff had before that time, at the request of said D, found and provided other board, maintenance and education for the said A D and B D, the said daughters of the said D, &c. 3 Went. 66.

Indebitatus assumpsit for stabling, &c. horses.

1. For horsemeat, stabling and attendance by the plaintiff, before that time found and provided, for divers horses of the said B, at his request, in consideration, &c.

Quantum meruit.

2. In consideration, that the plaintiff, at the like request of the said B, had, before that time found and provided other horsemeat, stabling, and attendance for divers other horses of the said B, &c. 3 Went. 56.

Indebitatus assumpsit for agisting cattle.

1. For the agisting and feeding of divers cattle of the said B, by the plaintiff, in his lands and pastures, and at the request of the said B, for a long time then elapsed, in consideration, &c.

Quantum meruit.

2. In consideration that the plaintiff had, at the request

of the said B, before that time, agisted and fed in his lands and pastures, divers other cattle of the said B, for a long time then elapsed, &c. Imp. Pl. 306.

Indebitatus assumpsit for labor done and materials found by a tailor. 1. For work, labor, and services of the plaintiff, as a tailor before that time, done and performed in the business of said B, at his request; and for divers materials and other necessary things, found and provided, used, and applied, in and about said work, by the plaintiff, at the like request of said B, in consideration &c.

Quantum meruit.

2. In consideration that the plaintiff, at the request of said B, had, before that time, done and performed other work, labor and services, as a tailor, in the business of said B; and had also found and provided, used and applied divers other materials, and other necessary things about said work, at the like request of said B, &c. Imp. Pl. 209.

NOTE. These counts are used, when the materials are used about the work; but if not, then a quantum meruit for goods sold, should be used. (MSS.)

Indebitatus assumpsit by a farrier for shoeing, &c.

1. For labor and services of the plaintiff as a farrier, in shoeing divers horses for the said B, at his request, and for divers materials and other necessary things, provided and used by the plaintiff in and about that work, at the like request of said B, in consideration &c. Add Quantum meruit.

The same for curing horses, &c.

2. For labor and services of the plaintiff, before that time, done and performed by the plaintiff for the said B in healing and curing divers horses of said B, of divers diseases and maladies, at the request of said B; and for divers ointments, medicines, and other necessary things, administered and applied by the plaintiff on those occasions at the like request of said B, in consideration, &c. Add Quantum meruit. Imp. Pl. 344.

Quantum meruit by a tailor for labor and wares found. In consideration that the plaintiff, then being a tailor,

at the request of the said B, had fitted, made and mended divers vestments for the said B, with certain wares, by the plaintiff, in that behalf found and provided, &c.

Indebitatus assumpsit by an interpreter of languages.

For a certain stipend and salary, before that time due and payable from the said B, to the plaintiff, for services done and performed by the plaintiff, as the interpreter of foreign languages, to wit, the Chinese and other languages, to the said B, and for certain work and labor, and divers journies and voyages, done and performed by the plaintiff, for the said B, on his retainer and at his request, in consideration, &c. Add Quantum meruit.

NOTE. The words in italics are immaterial.

Indebitatus assumpsit for teaching music.

For the labor, skill, and diligence of the plaintiff, as a music-master, before that time performed and bestowed in teaching the wife of said E, music, at the request of said E, and for entrance money, due and payable to the plaintiff from the said E, on that occasion, in consideration, &c. Add Quantum meruit.

Indebitatus assumpsit for mariner's wages, on account annexed to the writ.

1. Being indebted to the plaintiff in the sum of, &c., according to the account annexed, in consideration, &c.

2. In consideration that the plaintiff had, before that time, at the request of said E, done and performed other labor and services than in the account annexed, but similar thereto, on the retainer of said E, &c.

The same against the master on general counts.

1. For the wages and salary of the said E, before that time due and payable from the said E to the plaintiff, for his services done and performed, as a mate and mariner, of and on board a certain schooner, called, &c. whereof the said E was master (or owner,) and on his retainer and at his special request, in consideration, &c. Quantum meruit.

2. In consideration that the plaintiff, at the like request of the said E had before that time, done and performed other labor and services for the said E, as a mate and