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so demised to the plaintiff as aforesaid, for the then residue of the said term, subject to such covenants and agreements on the lessee's part and behalf, as aforesaid; and that the said D, by virtue of said sale and assignment, then and there entered upon the same and became and was possessed thereof, for the then residue of the said term; and although, amongst others contained in said indenture, there was a certain covenant and agreement, with the said R, on the part of the plaintiff, as such lessee of the said messuages or tenements, with the appurtenances as aforesaid, well and sufficiently to repair the same during the said term, and to leave them so well and sufficiently repaired, at the expiration thereof; yet the said D, not minding his promise aforesaid, but contriving to injure the plaintiff in this behalf, did not, nor would, though often requested, perform or keep the said covenant and agreement herein before mentioned according to the effect of his said promises, but wholly failed so to do; and on the contrary thereof, after such sale and assignment as aforesaid, by the plaintiff to the said D, and during the said demise, the said D suffered the said messuages or tenements, with the appurtenances, to be greatly ruinous and decayed for want of necessary repairing thereof; and at the expiration of the said term, so left the same out of repair, in breach of the said covenant and agreement, so made by the plaintiff with the said R, and the promise aforesaid of the said D; whereby the plaintiff afterwards, on &c., at &c., was obliged to pay, and did actually pay to the said R, the sum of $60, as a satisfaction to the said R for such breach of the covenant aforesaid, and his costs of prosecuting a certain action of law against the plaintiff in respect thereof, and also the sum of $30, in and about the defence of the said action. See 3 Went. 4.

By executors for rent for a half year, due since testator's decease.

For that, at &c., on &c., the said R, being possessed for the then residue of a term of years, which is not yet expired, of a certain messuage, yard and appurtenances, situate, &c., the said D, [defendant] in consideration that the said R would, at the special request of the said D, let and demise to him the said messuage, &c., then and there promised the said R to pay him rent therefor, at and after the rate of $12 per annum, by two equal payments, on &c. and on &c. And the plaintiffs aver, that the said R, confiding in the said promise of the said D, then and there let

and demised the said messuage, &c., to the said D, who entered thereupon, and from thence to the &c. day of &c., continued to hold the same by virtue of said demise; and that after the making of the said promise of the said D, the said R, on &c., at &c., died possessed, for the then residue of the said term of years of the said messuage &c. ; whereby the plaintiffs, as executors as aforesaid, became possessed, for the then residue of the said term of years, of the said messuage, &c., until the said &c. day of &c., whereof the said D had notice; by reason of all which, the said D, on the &c. day of &c., last mentioned, became liable to pay to the plaintiffs, as such executors, the sum of $6, being one half of the said yearly rent, whenever requested.

SECOND COUNT. And for that the said D, afterwards, and after the death of the said R, viz. on &c., at &c., being indebted to the plaintiffs, as executors as aforesaid, in the further sum of $10, for the use and occupation of a certain other messuage, &c., whereof the said R, was, in his lifetime and at his death, possessed, for the residue of a term. of years not yet expired, situate, &c., for the space of six months before that time, held, used and enjoyed, at the special request of the said D, and by the permission of the said R, in consideration thereof, then and there promised the plaintiffs, as executors as aforesaid, to pay them the same sum on demand. [Add a quantum meruit, as in this last count.] Yet, though often requested, the said D hath never paid the said sums, or either of them, to the plaintiffs, &c. See 3 Went. 7.

Against tenant for not managing land in a husband-like manner.

For that, on &c., at &c., the said D [defendant] was holding of the plaintiff, as his tenant, a certain farm with its appurtenances, situate, &c., consisting of &c., for the then residue of a term of nine years, commencing on &c.; and in consideration that the plaintiff, at the special request of the said D, then and there had promised the said D, that he, the plaintiff, would permit the said D, to have, occupy, possess and enjoy the said farm, with the appurtenances, from the expiration of the said term of nine years, for so long a time as the said D and the plaintiff should please, at a certain yearly rent, to be paid therefor by the said D to the plaintiff, for the use and occupation thereof, he, the said D, then and there promised the plaintiff that he, the said E,

during such time as he should hold and enjoy the said farm, &c., by the permission of the plaintiff, would use and occusaid farm in a husband-like manner. py And the plaintiff avers, that, giving credit to the said promise of the said D, he hath permitted the said D to hold, occupy and enjoy the said farm with the appurtenances, from the expiration of the said term hitherto, and that the said D hath accordingly held and enjoyed the same; yet the said D, since the expiration of the said term, hath not hitherto occupied the said farm with the appurtenances, in a husband-like manner; but, on the contrary, hath kept, and doth still keep, fifty acres of land, parcel of said farm, in tillage, when the same ought not to be; whereby the said farm is greatly damaged and diminished in value, &c. See 3 Went. 26.

For not permitting tenant to carry away wheat, sown during the term, according to agreement.

For that whereas on &c., at &c., it was agreed by and between the said E [defendant] and the plaintiff, that the plaintiff should hold, occupy and enjoy a certain farm of the said E, situate &c., under the certain yearly rent of $60, for five years then next ensuing, if so long the plaintiff should see fit so to do; and that the plaintiff should be at liberty to determine the said agreement and the said term, at the end of any of those five years; and that whenever the plaintiff should determine said agreement and term, he should, at the next harvest then following, quietly reap and take away all such wheat as should, at the determination of said agreement, be sown or growing on the same farm. And the said E, then and there, in consideration, &c. [Lay mutual promises.] And the plaintiff avers, that on &c., at &c., in pursuance of said agreement and promises, he entered into the said farm and the appurtenances, and by virtue of the same, held and occupied the same farm and appurtenances, until &c., when, by virtue of the agreement aforesaid and the liberty therein reserved to him, he deliv ered up the possession of the said farm with the appurtenances to the said D, viz. at S aforesaid; and that, at the time of his so determining of the said agreement, there were sown and growing on the said farm, ten acres of wheat, at the harvest then next ensuing; of all which the said E then and there had notice; yet the said E, though requested at the said time of harvest, would not permit the plaintiff to enter upon said farm, where the said wheat was growing,

to reap or carry away the same; but, on the contrary, the said E, at the said time of harvest, reaped and carried away the said wheat and converted the same to his own use, &c. See 3 Went. 44.

For money to be paid for a watch, on death or marriage.

For that the said E [defendant,] at &c., on &c., in consideration that the plaintiff, at the special request of the said E, had sold and delivered him a certain silver watch, then and there promised the plaintiff to pay him, for the same watch, the sum of $20 upon the marriage of the said E, or upon the day of his death, whichever should first happen. Now the plaintiff avers, that, on &c., at &c., the said E took to wife one L, and by reason thereof the said sum of $20 then and there became due and payable to the plaintiff; of which the said E, on &c., at &c., had due notice; yet &c. For not paying rent for ready furnished lodgings, for the whole time agreed on.

For that the said E [defendant,] on &c., at &c., in consideration that the plaintiff would permit the said E, to hold, occupy and enjoy a certain ready furnished dwellinghouse with the appurtenances, belonging to the plaintiff, situate in &c., together with the furniture and goods of the plaintiff, in and upon the same, for the space of three months then next ensuing, promised the plaintiff to hire the same of him for the said three months, and to pay him therefor the sum of $4 for every week of the said three months, amounting in the whole to $48. And the plaintiff avers, that, confiding in the said promises of the said E, he then and there let to hire to the said E, the said dwellinghouse and appurtenances, together with the furniture and goods aforesaid, and was then and there, and always afterwards, ready and willing to permit the said E to hold, occupy and enjoy the same for the said three months. And the plaintiff further avers, that though the said E did then and there enter into and upon the said demised dwellinghouse and appurtenances, and became and was possessed thereof for the term aforesaid, and though the said E continued therein for part of the said term, viz. &c. ; yet the said E would not continue in said dwellinghouse for the remainder of said term, though often requested, but wholly failed and made default; and though the said term of three months is now long since past, hath not paid the plaintiff the said $48, or any part

thereof, but wholly refuses and neglects so to do. See 3 Went. 69.

On promise to pay for goods, if not returned in a limited time.

For that the said E [defendant,] on &c., at &c., in consideration that the plaintiff would then and there deliver to him, the said E, at his special request, two pieces of flowered velvet on sale, or to return the same in three days, then next ensuing, then and there promised the plaintiff to return to him the said two pieces of velvet in three days next then ensuing, or otherwise he, the said E, would buy the same and pay the plaintiff therefor the price and sum of $100, on demand. Now the plaintiff avers, that, confiding in the said promise of the said E, he did then and there deliver the said two pieces of velvet to the said E, and that the said E did not within the said three days return the same to the plaintiff; by reason whereof, the said E became the buyer thereof, and liable to pay the plaintiff the said sum of $100 therefor; yet, &c. See 3 Went. 121.

On promise to pay for goods delivered to a third person on an allowance made.

For that the said E [defendant,] on &c., at &c., in consideration that the plaintiff had, before that time, at the special request of one S, sold and delivered to him, the said S, divers goods and merchandises, of the value of $100 and there promised the plaintiff, that if he, the plaintiff, would allow $5 per cent. (that is to say, at the rate of $5 in the hundred) deduction from the said $100, he, the said E, would then and there advance to the plaintiff the sum of $95, being the remainder of such sum of $100, after such deduction made; and although the plaintiff, from the time of said promise hitherto, always hath been and still is ready and willing to make such deduction or allowance as aforesaid, of which the said E, on &c., at &c., had notice, and was then and there requested to advance to the plaintiff the said sum of $95, according to the said E's promise aforesaid; yet, &c. See 3 Went. 122.

On a promise to take back a horse if unsound, and to repay the price.

For that the said E [defendant,] on &c., at &c., in consideration that the plaintiff had, then and there, at the special request of the said E, bought of him a certain horse for the price of $100, then and there paid by the plaintiff to the said E, then and there promised the plaintiff, that if he

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