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1 N.C. 272

Sharp's case

Decided July 1, 1793

ASSUMPSIT. In consideration that the plaintiff would deliver certain clothes, which the plaintiff had made for him, the defendant assumed pay for them, without saying to whom? Motion made in arrest of judgment. for the preceeding communication and agreement reduces this to a certainty, viz. that the payment should be to the plaintiff, with whom the agreement was made. A preceding communiciation will take away the uncertainty of time, estate, or person.

Decided 1793-07-01

¶1And of this opinion was the court, for the said reason.

¶2Whereupon a rule was given that the plaintiff shall have judgment, nisi, &c. Afterwards Hendley, Serj. moved against it. Sed non allocatur, and judgment was given. 3 Cr. 77. Noy 83. Poph. 181. Antea, p. 151.

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