Hinman v. Eakins

Plaintiffs sued defendant, before a justice, on a declaration containing one special count for the failure to accept certain oil barrels contracted for. Appended to this was the following conclusion: “ One other count for the sale of said barrels, and delivery of part, and refusal of defendant to receive same as agreed upon; also the common counts.” This brief summary could hardly be held a special count, but is good as to the common counts, which, in a justice’s court, are seldom set out at length, as their purport is always the same.

To this Eakins pleaded in abatement, that the undertaking…