Sherburne v. Tobey Furniture Co.

The summons in this case required the defendant, the Tobey Furniture Company, to answer the plaintiff, Edwin A. Sherburne, “in a plea of trespass on the case on promises,” and in the introductory part of the declaration the action is described as “ a plea of trespass on the case.” The declaration, which consists of but one count, alleges, in substance, that on the 1st day of June, 1880, the plaintiff bargained with the defendant for the purchase of a fine wool mattress for the sum of $8, and for which sum the defendant undertook to make, sell and deliv. r to the plaintiff a mattress of c'ean,…