The defendant contracted in writing with the guardians of a parish to supply and deliver for a certain term to the out-door poor, at such times as the guardians should direct, loaves of bread of three and a half pounds weight each. The guardians were, during thesaid term, to pay the defendant after certain rates and prices for the bread so supplied, and of which a bill of particulars should have been sent. The contract contained a provision that in case the defendant broke the terms of his contract in any of the ways therein named, one of which was by a deficiency in the weight stated and charged for in the said bill of particulars, the guardians might employ other persons to supply the bread, and charge the defendant with the costs of such supply above the price contracted for, and might retain any moneys due to te defendant under the contract at the time of such breach towards such costs, or the damages which the board might sustain, and might also put in suit against the defendant a bond which he then executed, and which was conditioned for the due performance of is contract. The indictment contained ten counts, the first seven of which were in substance the same, and charged the defendant with a common law misdemeanour , in supplyimg and delivering, as such contracor, loaves of bread to different poor persons which loaves were deficient in weight, intending to injure and defraud such poor persons and to deprive them of proper and sufficient food and sustenance, and to endanger their healths and constitutions, and to cheat and defraud the said guardians.
Citations:
[1854] EngR 35, (1854-55) Dears 515, (1854) 169 ER 826
Links:
Jurisdiction:
England and Wales
Cited by:
see Also – Regina v John Eagleton (No 1) 1854
. .
Lists of cited by and citing cases may be incomplete.
Crime, Contract
Updated: 12 April 2022; Ref: scu.292892