A. assumes to B. to dye for him divers cloths severally, which amount to sixty cloths ; and B, promises to pay to A. a certain sum for each of those cloths ; A. avers that he has dyed the said cloths, amounting to fifty nine cloths for B. and has delivered them to him ; and that the sum due for them amouts to 191. which is not paid ; and for this A. brings his action ; upon non assumpsit pleaded, a verdict is found with the plaintiff ; he had judgtment, affirmed in error : for the mention of the said fifty-nine cloths was only superfluous, and a mis-summing ; the said cloths are sixty cloths, for the dying of sixty cloths was mentioned before. The judgment was, quod quer’ recuperet, damages and costs pro detentione debiti praedicti ; whereas the better form had been, pro non praestatione assumptionis praedictae : yet good. Judged and affirmed in error.
[1220] EngR 107, (1220-1623) Jenk 297, (1220) 145 ER 217 (A)
Commonlii
England and Wales
Updated: 20 October 2021; Ref: scu.461019 br>