Alexander v. Dunn

Assumpsit by Dunn against Alexander and another. The declaration contained three counts. The first and second counts are on a special agreement; the one averring a delivery agreeably to contract, and refusal to pay, &c.; the other averring a tender and refusal to receive. The third is a common count for goods sold.

The special contract declared upon is as follows, viz.:

“ Gosport, October 5,1847. We this day agree to receive from Samuel F. Dunn between fifty-five and seventy pork hogs, to be delivered to us in our pork-house in Gosport net, for which we agree to pay him 3 dollars per hundred…