Dickson, Mallory & Co. v. Jordan

This was assumpsit. The declaration? contained two counts; one on a special contract, the other for goods sold and delivered.

The defendants, who were the owners of a fisher}7, applied to the plaintiffs, who were merchants, at their store in Norfolk, for ten rolls of “seine rope,” and informed them that it was to be used at their fishery. The plaim tiffs did not have the article on hand, but engaged to procure it and send it to the defendants, at the price of 13f cts. per pound, and which was accordingly done.

The rope sent was new and of the size and kind known as “seine rope.” The defendants…