1 D. Chip. 161
Decided December 15, 1813
Supreme Court of Vermont · decided 1813-12-15
THIS- was ail action of aésunipsit. The declaration contained a Count on a special promise by the defendant, to deliver to the plaintiff seventy-two spars, in consideration of seventy-two spars which the plaintiff had delivered to the defendant; and a count for goods, wares and merchandise' sold and delivered. Plea — The General Issue.
Decided 1813-12-15
¶1It is clear that the evidence does not support either count in the declaration. There ought to have been another count for work and labour,' or a count for money had and received, as the defendant had received money for the cutting of the spars? which belonged to the plaintiff.
¶2The plaintiff suffered a nonsuit.