Yamhill Bridge Co. v. Newby

The declaration in this case contains two special counts, upon an order drawn in favor of Newby upon the said Bridge Company, and on the common counts. The jury found a vei'dict for $979, under the third count, which is for “ goods bargained and sold.” Evidence was given by the respective parties to prove and disprove all the counts; but that which was adduced in support of the common counts is in substance as follows :

The company entered into a contract with Webber & Wren, by which the latter were to build a bridge for the *174company, and be paid by instalments as tbe work progressed. When the…