Kean v. Mitchell

Cooley J.:

Mitchell brought suit against Kean in assumpsit, and declared specially that defendant, on a day and at a place named, “ for a good and valuable consideration, then and there paid by. said plaintiff to said defendant,” bargained and sold to plaintiff certain goods and chattels, and then and there, “for the consideration aforesaid,” promised and .agreed to deliver said goods and chattels to said plaintiff, when thereunto afterwards requested. Breach: a neglect and refusal to deliver. The declaration also contained the common counts. The defendant pleaded the general issue. J

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