Walter A. Wood Reaping & Mowing Machine Co. v. Smith

This action was brought origiually before a justice of the peace. The pleadings were put in orally. The declaration was stated as being “ on all the common counts in assumpsit and on a written contract by which defendant agreed to buy and receive from plaintiff a certain agricultural machine for the sum of three hundred dollars; claim, $300 or under damages.” The defendant stated that he pleaded the general issue and gave notice of proof that the machine did not answer the requirements of the contract.” ,

The mention of a written contract referred to three simultaneous writings. First, a paper…