Nichols v. Whiting
Supreme Court of Connecticut
ERROR to reverse a judgment of the County Court, in an action brought by said Whiting against said Nicholsi et al. upon a note dated the 11th of April, A. D. 1789, wherein the defendants promised to pay to the plaintiff £5 10s. lawful moneys’ worth of shopwork, at their shop in Fairfield, at the appraisal of indifferent men, by the 1st of June then next.
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ERROR to reverse a judgment of the County Court, in an action brought by said Whiting against said Nicholsi et al. upon a note dated the 11th of April, A. D. 1789, wherein the defendants promised to pay to the plaintiff £5 10s. lawful moneys’ worth of shopwork, at their shop in Fairfield, at the appraisal of indifferent men, by the 1st of June then next. Plea in bar- — -That on the 1st day of June, A. D. 1789, the defendants offered and. tendered to the plaintiff, at their shop in said Fairfield, shopwork, such as chairs, bedsteads, etc. sufficient to pay said note at the appraisal of…
1Opinion of the Court
By the Court.
There is nothing! erroneous in the judgment complained of; the plea in bar is insufficient, in that it doth not particularize the articles of shopwork tendered', whereby they could be distinguished and known. Otherwise the plaintiff would be barred of his action, by the tender, without being able ever to recover the articles tendered, for want of being particularly distinguished and described.
2Cited by5 opinions
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