Massie v. Spencer

Opinion of the Court.

THIS writ of error is prosecuted to reverse a judgment recovered by Spencer, in an action of assumpsit, brought by him in the circuit court against Kennedy and Massie. The declaration contains three counts. The two first counts set out several undertakings of Kennedy and Massie, to convey for Spencer, two hogs heads of tobacco to New-Orleans, and there to sell the same for the best price that could be procured, and account therefor to Spencer. The third count is a general indebitatus assumpsit, for money had and received.

The general issue was pleaded, and after Spencer…