Richardson v. Smith , 8 Johns. 439 ( 1811 )

Per Curiam.

The verdict must be set aside, and a new trial awarded, with costs to abide the event. Such a special agreement could not be given in evidence, under the money counts. It would be going beyond all precedent, and produce the greatest surprise on the defendant. Even if the evidence had been admissible, it did not support the warranty alleged.

New trial granted»