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Nichols v. Whiting

Supreme Court of Connecticut

Decided August 15, 1792

Supreme Court of Connecticut · decided 1792-08-15

upon a note dated the 11th of April, A. D. 1789, wherein the defendants promised to pay to the plaintiff £5 10s. lawful moneys’ worth of shopwork, at their shop in Fairfield, at the appraisal of indifferent men, by the 1st of June then next.

Decided 1792-08-15

By the Court.

¶1There is nothing! erroneous in the judgment complained of; the plea in bar is insufficient, in that it doth not particularize the articles of shopwork tendered', whereby they could be distinguished and known. Otherwise the plaintiff would be barred of his action, by the tender, without being able ever to recover the articles tendered, for want of being particularly distinguished and described.

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