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Per Curiam. Previous to the commencement of this action the defendants had sued the plaintiff, and recovered judgment, in an action of assumpsit for goods sold and delivered ; and the goods were a part of those to which the special contract referred. Both parties, therefore, have departed from the special contract.
1 The motion for a new trial is overruled, and judgment is to be entered according to the verdict.
Hill v Green, 4 Pick, 114.
Document Info
Filed Date: 9/15/1822
Precedential Status: Precedential
Modified Date: 10/18/2024