Brown v. McHugh

*Gra.vbs, J.:

Brown brought assumpsit against McHugh and declared upon the common counts. The count for money paid had a clerical inaccuracy. Instead of stating that the money was paid to the defendant’s use, it stated that it was piaid to the defendant. Without questioning the sufficiency of the declaration in this or in any other respect by demurrer, McHugh pleaded the general issue and went to trial on the issue of fact. Brown gave evidence tending to show that in September, 1874, he bought a pair of horses of defendant and paid him for them and that defendant represented that they were…