Davis v. Cleaveland ex rel. Case

Opinion of the court delivered by

McGirk J*

Cleaveland brought an action of debt on a specialty given to him by Davis, before a justice of the peace — an appeal was taken to the circuit court, where the parties went to trial. The plan tiff read his bond in evidence.— The defendant then offered to read in evidence, a writing made by Cleaveland to him, which writing acknowledged that Cleaveland had sold to Davis a clock — the writing also contained a warranty that the clock would keep good time for two years, and that if it did not, Cleaveland undertook that he would make good by repairing, or by…