Smalley v. Edey

This was an action of assumpsit, brought by Edey against Smalley. The declaration contained the common counts; and a special count on the following instrument : —

“ I do hereby agree to pay to Mr. Richard A. Edey, one hundred and forty-eight dollars, and twenty-seven cents, provided I do not settle said amount with Richard Hoover, and Mr. Edey is compelled to pay the same to said Hoover. I will settle the same with Hoover in thirty days, if practicable, or as soon as said Edey has to pay Hoover the money. April 22d, 1850. John B. Smalley.”

The plaintiff averred in this count, that he had been…