Parker v. Brooks

Catón, J.

The declaration in this case contains three counts. The two first are special, upon a contract for the sale of hogs, and the third is a common count for money advanced, and for money had and received. On the trial the plaintiff offered in evidence, under the first and second counts, the following:

“December 10, 1852.

Received of James Parker, ten dollars on my lot of pork hogs, 30 or 40 head; to be delivered at Alexander Maxwell’s, between the 20th and 28th of this month, and weighed gross, and onc-fifth to be deducted off the gross weight, at $4.62¿-per cwt. all round.

W. BROOKS.”

This…