Claflin v. Hawes
Massachusetts Supreme Judicial Court
This action was assumpsit for not paying for a yoke of oxen sold by the plaintiff to the defendant. The contract was differently stated in five several counts. To the four first counts the defendant pleaded non assumpsit, on which issue was joined. In the fifth count, the plaintiff alleged a promise to pay seventy dollars in bank notes of any of the New Hampshire banks, except the Coos Bank.
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This action was assumpsit for not paying for a yoke of oxen sold by the plaintiff to the defendant. The contract was differently stated in five several counts. To the four first counts the defendant pleaded non assumpsit, on which issue was joined. In the fifth count, the plaintiff alleged a promise to pay seventy dollars in bank notes of any of the New Hampshire banks, except the Coos Bank. To this count the defendant pleaded a tender in bar of damages, with tout temps prist, and a profert of the bank notes into court for the plaintiff. To this plea the plaintiff replied non obtulit, on…
1Per curiam
This matter ought to have been adjusted at the bar. But as this has not been done, let judgment be entered for the plaintiff on the fifth count, to which the plea of tender was made, (a)
[A profert in Court was unnecessary, and should have been regarded as surplusage. 2 Kent Comm. 508, Lamb vs. Lathrop, 13 Wend. 95.—Bro. Touts temps prist, plac. 31. — Ed.]
2Cases cited1 opinion
- Lamb v. LathropNew York Supreme Court · 1834
3Cited by5 opinions
- Gilkeson v. SmithWest Virginia Supreme Court · 1879
- Bignell v. ForrestNew York Supreme Court · 1807
- Gilpatrick v. RickerSupreme Judicial Court of Maine · 1889
- Storer v. McGawMassachusetts Supreme Judicial Court · 1866
- Reed v. WoodmanSupreme Judicial Court of Maine · 1840