Robinson v. Watson

The plaintiff'declared on the common counts for goods sold and delivered, etc.,- to defendants by plaintiff and one Omer Bobinson, averring an assignment by Omer Bobinson to plaintiff, and a promise to Omer Bobinson and plaintiff by defendants. The declaration did not aver a promise by defendants to plaintiff, but did set out the failure of defendants to pay as ..agreed either the 'Original owners of the claim or the plaintiff. This declaration was demurred to, on the ground that it should have averred a promise by defendants to pay plaintiff.

The declaration was good in form and substance.…