West v. Pritchard
Supreme Court of Connecticut
This was an action of assumpsit, founded on an order drawn by C. iS. Dunning, on the defendants, to deliver certain goods specified therein, with the prices annexed, to the plaintiffs, as they should order them from time to time ; which order was accepted, by the defendants. The declaration contained the common counts, and six special counts, stating the contract made by the defendants, in different forms.
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This was an action of assumpsit, founded on an order drawn by C. iS. Dunning, on the defendants, to deliver certain goods specified therein, with the prices annexed, to the plaintiffs, as they should order them from time to time ; which order was accepted, by the defendants. The declaration contained the common counts, and six special counts, stating the contract made by the defendants, in different forms. The cause was tried, on the general issue, at New-Haven, October term, 1847, before Ellsworth, J. On the trial, the plaintiffs abandoned the general accounts, and relied exclusively upon…
1Opinion of the CourtWaite, J.
Two questions are presented upon this motion. One is, whether there is a fatal variance between the contract proved and that stated in any one count in the declaration ; and the other relates to the amount of damages to which the plaintiffs are entitled.
1. As to the variance. We do not think the claim of the *215defendants well founded. The contract is declared upon as an absolute undertaking, on the part of the defendants, to - deliver the goods to the plaintiffs, on demand. The circumstance that it was given by Dunning, merely as collateral security for his indebtedness, can make no difference.
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2Cases cited1 opinion
- Shepherd v. HamptonSupreme Court of the United States · 1818
3Cited by7 opinions
- Cannon v. FolsomSupreme Court of Iowa · 1855
- Crug v. GorhamSupreme Court of Connecticut · 1902
- Pinkerton v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1861
- Musgrave v. BeckendorffSupreme Court of Pennsylvania · 1867
- Kent v. GinterIndiana Supreme Court · 1864
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