same delivered to said B, the sum of $-; by reason of which said promise of the said B, he, the said A, did, within the time aforesaid, kill and slay ten oxen, ten cows, ten heifers, and ten calves, and at divers times and days within the same time delivered to the said B, all and singular the hides and skins of said oxen &c., so killed and slain according to the form of the bargain and agreement aforesaid, to wit, at &c, aforesaid, the true value of all which said hides and skins so delivered to the said B by the said A, does in the whole, amount to $-; and the said A, trusting to the aforesaid promise of the said B, and that the sum of $— would have been paid to him by the said B, according to the bargain and agreement aforesaid, had undertaken and promised to one C, and divers other persons to whom the said A was then indebted, in the like sum, to pay them their respective debts; yet the said B being not ignorant of the premises, and well knowing the said A to have promised the payment of said sum of $-, unto said C, and to such other persons to whom he stood indebted as aforesaid, and contriving to defraud and deceive the said A in this particular, hath not paid the same sum of $-, nor any part thereof to said A, though requested, but he still refuses to pay it; by reason whereof, said A hath not been able to keep his said promise and day of payment with the said C, and others to whom he stood indebted as aforesaid; insomuch that he, the said A, by reason thereof, is very much hurt in his good name, credit, and reputation, and also very much prejudiced and hurt in his trade and business, and dealings with the said C and other honest tradesmen, and likewise put to great trouble and expense, in defending divers actions and suits, commenced and prosecuted against the said A, for not performing his contracts, occasioned by said B's not performing his contracts and bargains, so made with the said A, as aforesaid; to the damage, &c.

For money paid by plaintiff to discharge defendant's debt, at his request. For that whereas the said H C, on &c., at &c., had, at the special instance and request of the said O B, [defendant] and for his proper debt, paid to one E P, the sum of $, which the said O then and there owed the said E, and ought before that time to have paid, he, the said O, in consideration thereof, then and there promised the said H to pay him that sum on demand; yet the said O, thereafterwards, though requested on the same day, hath not, &c.

F. DANA.

Against a sailor for leaving a ship after advance money paid. For that said A [defendant,] at &c., on &c., shipped himself as a common seaman on board the said B's ship, called the &c., to proceed in her on a voyage from said &c., to &c.; in consideration whereof, the said B then and there paid the said A, the sum of $- for advance wages, and thereupon the said A then and there promised the said B to proceed on said voyage, on board said ship, in such capacity as aforesaid. Now the said B, in fact says, that the said vessel proceeded in the voyage aforesaid, and the said A, not regarding his promise aforesaid, but contriving to deceive and defraud the said B of the said sum, and also to injure the said B in the voyage aforementioned, unlawfully deserted and left said vessel, and did not proceed in her according to his said promise, whereby the said B was put to great trouble and expense in procuring another person to proceed in the said voyage in her, in his, the said A's, stead, &c.; to the damage, &c.

On special contract to pay one half in money, and the other half in goods. For that the said A [defendant,] at &c., on &c., owing the plaintiff for &c. days' work, done for the said A, at his request, by the said B, at his trade aforesaid, on board the said A's brig, between that day and the day of &c., promised the plaintiff to pay him that sum, the half thereof in lawful money, and the other half thereof in goods, on demand; yet the said A hath not paid the said sum, in manner aforesaid, or any otherwise, though requested to do it, on &c., at &c., and oftentimes since, but still neglects it, &c. R. DANA.

For not conveying land according to promise in writing. For that the said A [defendant,] on &c., at &c., by a certain note and memorandum in writing, under his hand, agreed with the said B to sell him acres of land, bounded &c., and in the tenure and occupation of one D, for the sum of $-, and the said A then and there received of said B, $-, in part payment, and then and there promised the said B, that, upon payment of $-, being the residue of the sum of $-, he, the said A, would convey the said acres of land to him, the said B. Now the plaintiff in fact saith, that, on &c., at &c., he tendered the said sum of -, to the said A, and then and there requested him that he would convey the said acres of land to him,

the said B; yet the said A did not, and yet hath not conveyed the said — acres of land to the plaintiff, though often since requested, but wholly neglects and refuses so to do.

READ.

Master of a coasting sloop v. owner for customary wages.

For that whereas the said A, at &c., on &c., appointed the plaintiff master of the said A's coasting sloop, called &c., directing him to employ her in coasting backwards and forwards, to and from several parts of this commonwealth, to the best advantage of the said A; and for the plaintiff's service in managing said vessel, the said A then and there promised him to allow him, for and during such time, as the plaintiff should continue master of the said vessel, such share of the earnings of said vessel, as is customarily allowed to masters of such coasting vessels, which the plaintiff avers to be one third part. Now the plaintiff in fact says, that from &c., to &c., he employed the said vessel in coasting to and from several parts of this commonwealth, during which time she earned the sum of $-, which sum the said A received from sundry persons for freight of their goods carried in said vessel during the time aforesaid; in consideration whereof, the said A, on the same day, at &c., promised the plaintiff to allow and pay him the sum of $-, being one third part of what the said A received as the earnings of said vessel, in manner aforesaid, &c. ; yet, &c. BOLLON.

On a special promise that the defendant would not appeal from a judgment, but abide by and pay the same.

For that the said F, at a court held before S W, Esq. on &c., at &c. by the consideration of said Justice, recovered judgment against said C [defendant,] for $-, damages and costs of court, as by the record thereof, with the said Justice remaining, appears; from which judgment the said C then and there appealed to the then next C. C. P., &c., and recognized to prosecute said appeal with effect; and afterwards, to wit, on &c., at &c., upon a discourse, then and there held between the said C and F, of and concerning said judgment, and of and concerning said appeal thereon, it was mutually agreed between them that said C should not prosecute said appeal, but should pay said F the sum of $and costs of that suit, and that said F should not enter any complaint against said C, at said C. C. P., for not prosecuting said appeal; and in consideration of said agreement,

and of said F's promise, then and there made to said C, not to enter such complaint, the said C then and there promised said F, that he would not prosecute said appeal, and that he would pay said F the sum of $- and also his legal costs of said suit, on demand; and the plaintiff avers, that the legal costs of said action were taxed by said Justice, and amounted to $-, whereof the said C, afterwards, to wit, on &c., at &c., had notice, and was requested to pay the same $- and said costs; and the plaintiff avers, that he did not enter such complaint at said C. C. P.; yet, though requested, the said C has never paid said sums but neglects it, &c. BRADBURY.

Against the inhabitants of a town, on their committee's contract to build a school-house, &c.

In a plea of the case; for that one G D and J A, at said Salem, on &c., being a committee of the said inhabitants for building a middle school-house in said S, and being duly authorised by said inhabitants, for that purpose and in their behalf, to contract for materials and labor suitable for building the same, and to draw orders on the treasurer of said inhabitants for payment of the same; the said G and A, a committee as aforesaid, authorised as aforesaid, then and there, in consideration that the plaintiff at their request, had sold and delivered to them, for the use of the said inhabitants, the frame for the middle school-house in said S, and raised the same, of the value, so raised, of $-, by their, the said G and J's order, in writing of that date, by them signed, did direct R M, Esq., then and there treasurer of the said inhabitants, and yet their treasurer, to pay the plaintiff on demand, the sum of $- of the moneys of the said inhabitants, for the said frame and raising the same, which order the plaintiff thereafterward, on &c., presented to the said treasurer and requested payment thereof; and the said treasurer hath neglected and still neglects and refuses to pay the same; by reason of all which, and of law, the said inhabitants became liable; and thereafterwards, on the same day, in consideration thereof, promised the plaintiff to pay him the same sum of $-on demand; yet, though requested, the said inhabitants have never paid the same sum nor any part thereof, &c. DANE.

On an agreement to exchange horses, earnest having been paid. For that, at &c., on &c., it was agreed between the

plaintiff and the said D [defendant,] that the plaintiff should give the said D a colt in exchange for his mare, and should pay him to boot, on &c., and that it was further agreed there, on said day, between the plaintiff and said D, that the plaintiff should keep the said colt until &c.; and the said D, then and there agreed to give his said mare to the plaintiff, on &c.; and the said D, to make the agreement the more firm and binding, paid to the plaintiff $- in earnest of the bargain, and the plaintiff kept the said colt until

; and the plaintiff then, on said &c., did offer to pay the said D, the said $-, and requested him to accept the same, and then and there requested the said D to deliver to the plaintiff, his, the said D's, said mare, which he then and there refused, and ever since hath refused to do; to the damage, &c. 5 Term Rep. 409.

Town treasurer v. constable, for not collecting a lax.

For that whereas the said E, on &c., at &c., then being one of the constables of the town of A aforesaid, received of the assessors for the said town of A, a certain ratebill upon several of the inhabitants of A aforesaid, of them to levy and raise the sum of $-, part of the town rate of A aforesaid, with a warrant sufficiently empowering him to distrain for the same, and to pay the same to the treasurer of said town of A, on or before; whereupon the said E did then and there promise to collect and pay the same accordingly; yet, &c.

For privilege or freight money by mariner.

FIRST COUNT. For that whereas on &c., at &c., the said A and B [defendants] were owners of a certain ship called &c., and it was then and there agreed, by and between them and the plaintiff, that he should do the service of a faithful mariner on board said ship, in the capacity of chief mate, in a voyage from &c., to &c., and thence to &c., and that the plaintiff, besides the customary stipulated wages should have allowed him tons, privilege in said ship; and if the plaintiff should not occupy the said privilege, and the said ship should be fully freighted and loaded in that part of the voyage aforesaid, from &c., to &c., that then the said A and B should pay the plaintiff for said privilege, so much as the said privilege was reasonably worth. And, thereupon, in consideration that the plaintiff, at the special instance and request of said A and B, then and there faith