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2 H. & J. 352

Cushman v. Sim's

Court of Appeals of Maryland

Decided June 15, 1806

Court of Appeals of Maryland · decided 1806-06-15

Amead from Frederick county court. This was an action of assumpsit, and the declaration contained two counts — * The Erst for one year’s service by the plaintiff, (now appellant,) as an overseer, in the year 1791, rendered the intestate of the defendant, (the appellee,) and the other a quantum meruit for serving the intestate as an overseer for one year.

Decided 1806-06-15

The Court

¶1said, that in the case of Payne, et at. vi. Bacornb, there was a count on a special' agréeméñt, and ether counts, and as no agreement was proved, the plaintiff was permitted to Recover on the other counts.

¶2JUDGMENT AFFIRMED,

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