Poundstone v. Lewark

Assumpsit by Lewark and others against Poundstone, commenced before a justice of -the peace. The cause of action, described in the declaration, is in substance as follows:—

The plaintiffs on, &c., proceeded to sell out the building of a certain chimney to the lowest bidder. The defendant was the lowest bidder, and the building of the chimney was cried off to him; he thereby undertaking to build it in á specified manner, and by a certain time. Breach, that the .defendant failed to perform his contract. Damage 50 dollars.'. Demurrer to the declaration, and judgment by the justice for the…