McEwen v. Morey

This was indebitatus assumpsit upon the common counts, brought by Morey against McEwen, to recover for a quantity of corn sold and delivered by the former to the latter. A trial was had upon issue joined, before a jury, terminating in a verdict and judgment for plaintiff. Defendant brings tbe case to this court by appeal.

The first point made is, that there is a total variance betjveen the contract as set out in the special counts, and the proofs. This point is not tenable. There are no special counts in the declaration. It originally contained three counts, preceding the regular common…