Taylor v. Trustees of The Poor
Superior Court of Delaware
Action on the case (No. 122, February Term, 1898), to recover damages for the breach of a contract. The declaration contained one special count, and the common counts for money paid out and expended; work and labor done, and goods, wares and merchandise sold. The pleas were non assumpsit, payment, set off, statute of limitations and a special plea of tender. The facts sufficiently appear in the charge of the court.
1Opinion of the Court
Pennewirr, J.,
charging the jury :
Gentlemen of the jury :—In this action the plaintiff, John B. Taylor, seeks to recover from the defendant, The Trustees of the Poor, the sum of $88.03 f°r 3913 pounds of bread at two and one-quarter cents per pound, delivered to and accepted by the defendant in pursuance of a certain contract; and also damages which he alleges he has sustained by reason of the breach of contract by said defendant. The plaintiff alleges that in pursuance of a proposal advertised in the ‘ ‘Every Evening, ’ ’ a newspaper published in this city, and which proposal has been read to…
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