McCormick v. Kenyon

The plaintiff, McCormick, commenced his action of assump-sit against the defendants in the Boone Circuit Court, by filing his declaration on the 3rd day of September in the year 1846. The first count in said declaration, is founded upon a written agreement between the parties ; yetthe declaration contains no profert thereof. The defendants, at the return term of the writ, appear and demur to the declaration. The court sustains the demurrer, and gives judgment thereon against the plaintiff as to the matters and things set forth in his first count of .the said declaration. The plaintiff then…