For delivering hops of next year's growth, part payment after delivery. 1ST. COUNT.-In consideration of agreement and mutual promises.

For that whereas, on &c., at &c., at the special request of the said E, it was agreed between the plaintiff and the said E, in manner following, to wit; the said E, in consideration of $1, then paid him by the plaintiff, and of $200, to be paid him by the plaintiff on the tenth day of November, then next ensuing, sold the plaintiff one ton weight of the said E's best hops, which the said E should have grown on the hop grounds of the said E, which he then occupied in &c., the then next ensuing year, and which should be of the gathering of his, the said E's, best hops, then growing, and that the said E should deliver the same to the plaintiff, at his, the said E's, house, in &c., on or before the first day of November then next ensuing, and that the said hops should be cured in the best manner the said E could, and as he usually cured h's hops, and that in case said E should not have a ton weight of the bright or best hops, growing in &c. and in manner aforesaid, then all such hops, whether bright or brown, should be for and towards making up the said ton of hops so sold, at and after the rate and price above mentioned, and so, in proportion, in case there should not be a ton weight thereof grown, and that the said E should give the plaintiff three days' notice of weighing the said hops; and thereupon on the day and year first mentioned, at &c., in consideration that the plaintiff, at the special request of the said E, promised the said E well and truly to perform the said agreement, in all things on his part to be performed, the said E then and there promised the plaintiff, well and truly to perform the said agreement, in all things on his part to be performed; and the plaintiff in fact says, that the said E, in the year next ensuing, after the said agreement made as aforesaid, and before the time mentioned for the delivery of the said hops, to wit, on &c., had a ton weight of his, the said E's, best hops, grown on his hop grounds, occupied by him in &c. whereof the said E then and there had notice.

In consideration plaintiff had bought &c, with statement of special cir

cumstances.

SECOND COUNT. And whereas, on &c., at &c., in corsideration that the plaintiff, at the like request of said T, had bought of the said T another ton weight of the said T's

best hops, which the said T should have grown on his hop grounds in &c., the then next ensuing year, and which should be of the first gathering of his best hops then growing, to be cured by the said T in the best manner he could, and as he usually cured such his best hops, and to be delivered by said T to the plaintiff, at the said T's dwellinghouse, in &c., on or before the first day of November, then next ensuing, for one dollar, to be paid in hand by the plaintiff, to the said T, and of two hundred dollars more, to be paid by the plaintiff to the said T, on the 10th day of November next ensuing, for the sa e; but, if the said T should not have a ton weight of the bright or best hops, grown in &c., in manner aforesaid, in the said next ensuing year, then all such hops as should be then grown there, whether bright or brown, should be for and towards making up the said ton of hops last above mentioned, to be sold at and after the rate and price last above mentioned, and so, in proportion, in case there should not be a ton weight thereof grown, and the said T to give the plaintiff three days' notice of weighing of the said hops last mentioned, at &c., and in consideration that the plaintiff, at the like request of the said T, ha I paid the said T the said one dollar last mentioned, and then and there promised the said T to pay him the rest of the said rate last mentioned, in manner last mentioned, the said T promised the plaintiff to deliver him the said hops last mentioned, in manner last mentioned, on or before the said first day of November, then next ensuing; and the plaintiff, in fact saith, that the said T in the year then next ensuing, and before the said time last mentioned, to wit, on &c., at &c., had another ton weight of his, the said T's, best hops, grown on his said hop grounds, in &c., whereof the said T then and there had notice:

In consideration plaintiff had bought hops and paid earnest, and had promised to pay; defendant promised; special circumstances omitted.

THIRD COUNT. And whereas, on &c., at &c., in consideration that the plaintiff, at the like request of the said T, had bought of the said T another ton weight of hops, which the said T should have grown on his hop grounds, in &c., the then next ensuing year, but if there should not be a ton weight thereof grown there in that year, then so much thereof as should be grown there, to be cured and delivered by the said T to the plaintiff, at the said T's dwellinghouse, in &c., on or before the first day of November, then next en

suing, and after the rate and price of two hundred and one dollars, to be paid by the plaintiff to the said T for the same; one dollar in hand, and the residue thereof on the tenth day of November, then next ensuing, and the plaintiff had, at the like request of the said T, then and there paid him the said one dollar last mentioned, and had promised the said T to pay him the rest of the said rate last mentioned, in manner aforesaid, the said T promised the plaintiff to cure and deliver the said hops last mentioned to him, at the said T's dwellinghouse, in &c., on or before the said tenth day of November, then next ensuing; and the plaintiff in fact saith, that the said T, in the then next nsuing year, and before the said time for the delivery of the hops last mentioned, to wit on &c., at &c., had another ton weight of hops grown on his said hop grounds, at &c. whereof the said T then and there had notice.

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In consideration plaintiff had bought &c. (as before) defendant promised to deliver hops of the first gathering.

FOURTH COUNT. And whereas, on &c., at &c., in consideration that the plaintiff, at the like request of the said R. had bought of the said R another ton weight of his, the said R's, best hops, of the first gathering, which the said R should have grown in his hop grounds, in &c., the then next ensuing year, for another large sum of money, to wit, two hundred and one dollars, to be paid for the same in manner following; and the plaintiff at the like request of the said R, had then and there paid the said R, one dollar, part thereof, and promised the plaintiff, to pay him the residue thereof on the tenth day of November, then next ensuing, the said R promised the plaintiff to deliver him the said hops last mentioned, on or before the first day of November, then next ensuing, and the plaintiff avers, that the said R in the year then next ensuing, and before the time for the delivery of the said hops last mentioned, to wit, on &c., at &c., had another ton weight of his best hops of the first gathering on his said hop grounds, at &c., whereof the said R then and there had notice.

Yet the said R hath not yet delivered the plaintiff the said several quantities of hops, or any part thereof, though on the said tenth day of November, next ensuing, the said agreements, at &c., thereto by the plaintiff requested, and though the plaintiff then and there, at the dwelling of the said R, in &c., was ready and willing to have received the

same, but the said R hath hitherto refused and still refuses to deliver the same to him. Plead. Assist. 233.

For not delivering two cows, earnest being given, and residue payable on delivery.

For that the plaintiff, on &c., at &c., at the special request of the said R, bought of the said R two cows, at and for a certain rate or price, viz. for the sum of fifty dollars, whereof the plaintiff, then and there in hand, paid the said R one dollar; and in consideration thereof, the said R then and there promised the plaintiff, that he would deliver him the said cows on the then next day, at and for the rate and price aforesaid; and although the plaintiff was on the morrow of the said - day of &c., ready to take and accept the said cows, so sold to him, as aforesaid, at the price and rate aforesaid, and was ready and willing, and offered to pay the residue of the said price or rate thereof to the said R, and then and there requested the said R to deliver him the said cows; yet the said R did not deliver the plaintiff the said cows, but wholly refused and still refuses so to do. 2 Went. Plead. 138. HARDCASTLE.

For not delivering the residue of certain calves, to be delivered weekly. 1ST. COUNT.-In consideration plaintiff has bought and promised to pay.

For that whereas the plaintiff, on &c., at &c., at the special request of the said R, bought of the said R fifteen calves, at the rate of three dollars, to be paid the said R for each and every of the said calves, on the delivery thereof, and then and there promised the said R to pay him the sum of three dollars for each and every of the said calves on delivery thereof as aforesaid; and in consideration thereof, the said R then and there promised the plaintiff to deliver him the said fifteen calves, in manner following, to wit; two of the said calves in each of the first six weeks, and the remaining three on the seventh week next ensuing the said sale thereof; and the plaintiff avers, that although the said R, in the first week after the said sale, to wit, &c., delivered to the plaintiff two of the said calves, and in the second week after the said sale, to wit, &c., delivered one other of the said calves, in part performance of his said promise, which the plaintiff paid for according to the rate aforesaid, on delivery; and, although the said seven weeks from the said sale of the aid calves, and wherein the said calves should have been delivered to the

plaintiff, have long since elapsed, and although the plaintiff, within the said seven weeks, duly tendered himself and offered to receive of the said R, and then and there requested the said R to deliver him the rest of the said calves and then and there tendered and offered to pay the said R' the sum of three dollars, for each and every of the residue of the said calves, on delivery; and although the plaintiff hath always from thence, hitherto been ready and willing to receive the residue of the said calves, and to pay the said R for the same, at the rate aforesaid, to wit, at &c. ; yet the said R, when requested as aforesaid, did not deliver, nor hath yet delivered the residue of the said calves to the plaintiff, but wholly refused and still refuses so to do. 2 Went. Plead. 131. BARROW.

In consideration plaintiff had bought &c., plaintiff always ready &c.

SECOND COUNT. For that, on &c., at &c., in consideration that the plaintiff had bought of the said T other fifteen calves, at the price of three dollars for every of the said calves, to be paid therefor on the delivery thereof, the said calves to be delivered in manner following, to wit: two of the said calves in each of the first six weeks, and the remaining three on the seventh week next ensuing the said sale thereof, promised the plaintiff to deliver him two of the said calves in each of the first six weeks, and the remaining three on the seventh week next ensuing the said sale thereof, and the plaintiff avers that he always from the time of making said sale, for the said seven weeks next ensuing said sale, and afterwards, was ready and willing to receive the said calves, according to the agreement aforesaid, and wast ready to pay for every thereof on delivery, according to the rate aforesaid; yet the said T, though requested, within the said seven weeks, to wit, on the last day thereof, and afterwards, never delivered the said fifteen calves to the plaintiff, within the said seven weeks, or at any time before or since, but only a part thereof, to wit, three calves, for which the plaintiff paid the said T. according to the rate aforesaid, on delivery, but the residue of the same calves the said T wholly refused, and still refuses to deliver to the plaintiff.

NOTE. Add a third count, omitting the parts in italics; and a fourth count upon promise to deliver them in a reasonable time; so that some count may tally with the evidence. (MSS.)