Ewing v. French

The declaration in this case contains several counts in assumpsit; but it appears from the record, that theprincipal reliance must have been placed on the second. That count sets out, that the plaintiff having sold and delivered to the defendants a large quantity of wheat, to wit, 600 bushels, at their special instance and request, they undertook and promised that they would pay him so much merchantable flour as the wheat was reasonably Worth, when they should be thereunto after-wards Requested. It then avers the worth of the wheat in flour, of which the defendants had notice; that the…