Heaston v. Colgrove

Silas Colgrove sued David Heaston in an action of assumpsit. The declaration contained special counts, and a common count. The special counts were upon the following instrument:

“ An article of agreement made and entered into by and between David Heaston of the one part, and Silas Colgrove of the other part, on this 17th day of May, A. D., 1847, witnesseth: that the said party of the first part for themselves, agree to furnish one double cai’ding machine at the steam saw-mill in Winchester, Randolph coun*266ty, Indiana j also, the necessary power to run two carding machines during the present…