and sold, and caused and procured to be bargained and sold, for and on accouut of the plaintiff, unto the said D, who then and there bought of the plaintiff certain packages or parcels of opium, to wit, six boxes of opium of the plaintiff, as and for merchantable opium, and as then and there being in the whole, as good as a certain package thereof, then and there shown to and seen by the said D, at a certain rate, and upon the terms following, to wit, at the rate of $2 for every pound weight thereof, to be paid for by the said D in ready money, upon being allowed at the rate of two and a half per cent. discount on such payment, and to be weighed off in fourteen days; and thereupon, then and there, in consideration of such sale, and in consideration that the plaintiff, at the special request of the said D, then and there promised the said D, that the said opium, so bargained and sold, should be weighed off and delivered to the said D, in the time aforesaid, and at the rate and terms aforesaid, and that the same were then and there merchantable opium, and the whole thereof, as good as the said package thereof, seen as aforesaid by said D, the said D promised the plaintiff to accept of, and take the said opium upon the terms aforesaid, and to pay the plaintiff for the same accordingly; and the plaintiff in fact saith, that the said opium, so bargained and sold at the rate aforesaid, and deducting the discount aforesaid, amounted to a large sum of money, to wit, the sum of $1000, whereof the said D on &c., at &c., had notice; and that the said opium was then and there merchantable, and the whole thereof as good as the said package thereof, seen as aforesaid by the said D; and, although the said opium was, within fourteen days from said sale thereof, weighed off; and although the plaintiff was then and there, and always afterwards, ready and willing to deliver the same to the said D, according to the terms aforesaid, and although the said D might then and there have accepted the same, and was then and there requested by the plaintiff to accept the same, and to pay him therefor according to the rate aforesaid; yet the said D did not, nor would then and there, or at any other time, accept of, or pay the plaintiff for the said opium, or any part thereof, according to the terms aforesaid, but wholly refused and still refuses so to do. 2 Went. 186. LAWES.

Add a second count, omitting the parts in italics; a third for goods sold and delivered, &c.

For not accepting hops and paying for the same; to be delivered at a certain day, hour and place, earnest being paid.

For that whereas, on &c., at &c., a certain discourse was had and moved between the plaintiff and the said D of and concerning hops of that year's growth, in the county of Essex, and, upon that discourse, then and there, in consideration of ten cents by the said D, to the plaintiff in hand, paid in part of payment, and $20, abating only the said ten cents, for every hundred weight of one cart load of hops, of the growth of the county of Essex, in the year abovesaid, to be paid on delivery of those hops by the said D to the plaintiff, at &c., on the 13th day of September, then next following, by 12 o'clock the same day, the said D promised the plaintiff that he, at the place, day, and hour aforesaid, would accept and then and there would pay the plaintiff, so much money as the said cart load of hops would amount to, at the rate aforesaid, upon the abatement aforesaid; and the plaintiff in fact says, that he, on the said 13th day of September, in the year abovesaid, by 12 o'clock of the same day, at &c., had a load of hops of the growth aforesaid, and those hops, then and there weighed, and that those hops amounted to twenty hundred weight, and the plaintiff was then and there ready to deliver the said hops to the said D, at the price aforesaid, according to the agreement aforesaid; yet the said D, the said twenty hundred weight of hops, amounting at the rate aforesaid, to the sum of &c., abating the said ten cents, of the plaintiff then and there wholly refused to receive, nor the said sum of &c., or any part thereof to the plaintiff hath paid, but though requested, yet doth refuse to do the same. Hall v. Stanley. 1 Lilly, 18.

Add count for hops sold.

For not accepting hops, and paying for the same; to be delivered at a certain day and place, earnest being paid.

For that whereas, on &c., at &c., a certain discourse was had and moved between the plaintiff and the said D, of and concerning the buying and selling of hops, and, upon that discourse, it was then and there between them agreed, that the plaintiff should sell to the said D, a cart load, or twenty hundred weight of hops at the rate of $20 for every hundred weight, the said hops to be delivered to the said D, in &c., on &c., of which said price the said D, the day, year, and place first mentioned, in hand paid the plaintiff ten cents, and the said D, at the same time and place, in con

sideration that the plaintiff, then and there promised the said D, that he, the plaintiff, that agreement in all things on his part to be performed, well and faithfully would perform, promised the plaintiff that he, the said D, the said agreement, in all things on his part to be performed, would well and faithfully perform; and the plaintiff avers, that afterwards, on the said day &c., he brought the said twenty hundred weight of hops, and delivered them on the same day, at &c., in a certain place there, called &c., and then and there gave notice to the said D of the same; and the plaintiff, the said twenty hundred weight of hops, then and there left, where said hops have hitherto remained ready to be carried away by the said D, at his will; yet the said D, those hops to accept, or to pay the plaintiff for the same, according to the agreement aforesaid, hath refused, and still doth refuse, though thereto by the plaintiff afterwards, to wit, the same day and year abovesaid, at &c., requested. Tooler v. Archer, 1 Lilly, 19.

For not accepting tow and paying for the same at a place certain. 1st COUNT. In consideration that plaintiff had bargained and sold defendant and had promised, &c.

For that, on &c., at &c., in consideration that the plaintiff, at the special request of the said N, had bargained and sold the said N, a great quantity, to wit, three thousand eight hundred and twenty pounds of tow of the plaintiff, and had promised the said N to deliver him the same tow, at &c., the said N promised the plaintiff, that he, the said N, would accept of the plaintiff the said tow, at &c., upon request, and although the plaintiff afterwards, to wit, on &c., at &c., had the said tow ready to be delivered there to the said N, according to the plaintiff's promise aforesaid, whereof the said N then and there had notice, and the plaintiff was then and there ready and offered to deliver the said N the said. tow, and requested the said N to accept the same; yet the said N has not accepted from the plaintiff the said tow, but has hitherto refused and still refuses to accept the same.

In consideration that plaintiff promised, &c.

SECOND COUNT. And for that on &c., at &c., the said H, in consideration that the plaintiff, at the special request of the said H, then and there promised the said H to deliver him at &c., certain other tow, to wit, three thousand eight hundred and twenty pounds, promised the plaintiff to

accept of the plaintiff the last mentioned tow, at &c., upon request, and to pay the plaintiff for the same, at the rate of $2 by the hundred weight; and although the plaintiff afterwards, to wit, on &c., at &c., had the last mentioned tow, at &c., and was ready then and there to deliver the same to the said H, and thereof then and there gave notice to the said H, and offered to deliver him the same, and requested the said H to accept the same, and to pay the plaintiff the rate aforesaid, so to be paid for the same; yet the said H did not accept from the plaintiff the last mentioned tow, nor pay the plaintiff the said rate, to be paid for the same, or any part of the same. Plead. Ass. 107. HARDCASTLE.

Add counts for goods sold and delivered, and quantum valebant for the same; and counts for goods bargained and sold, and a quantum meruit.

For not accepting hops and paying for the same; earnest being paid upon the bargain and subject to be vacated.

For that whereas, on &c., at &c., the plaintiff, at the request of the said E, sold the said E, and the said E then and there bought of the plaintiff, one ton weight of hops, of the middle growth of Essex, of the said year &c., at the rate or price of $12 by the hundred weight, for every hundred weight thereof, to be therefor paid by the said E to the plaintiff, and it was then and there agreed between the said E and the plaintiff, that the plaintiff should deliver to the said E the said one ton of hops, at &c., on &c., and that the said E should accept the said hops on that day, at &c., from the plaintiff, and should pay the said rate or price for the same on delivery thereof; and it was then and there further agreed between the said parties, that if either of them should be desirous, at any time within one week from the time of making that agreement, to vacate said agreement, that then such party, so desirous to vacate the same, should pay the other of them $20, on &c., at &c., and in such case, the said agreement, as to the bargain and sale of said hops, should be void; and the said agreement being so made &c., (add mutual promises;) and to make the said agreement the more firm and binding, the said E then and there paid the plaintiff the sum of $5, in part payment of the said rate or price, so to be paid by him to the plaintiff for said hops; and the plaintiff avers, that the said agreement was not any way vacated, by either of the said parties, and the plaintiff further avers, that he, on &c., at &c.,

was ready and willing, and offered to deliver to the said E the said hops, and then and there required him to accept the same, whereof the said E then and there had notice; yet the said E would not, nor did accept or receive the said hops, then or at any other time, nor hath he yet paid the said price for the same, or any part thereof, except the said $5, although then and there, thereto requested, but refused and still refuses so to do.

Add count on account stated, for hops sold and delivered, &c. Morgan's Prec. 126.

Factor v. Principal, for not accepting goods bought and paying for the same; part delivery being made.

For that whereas, on &c., at &c., the said E retained and employed the plaintiff, as his agent or factor, to purchase for him one thousand bushels of barley; and it was then and there agreed between the said E and the plaintiff, that the plaintiff should purchase the said one thousand bushels of barley, at as cheap a rate as he could, and that the plaintiff should deliver the same, when bought as aforesaid, at &c., or thereabouts, on board such vessel as the said E should send for that purpose, and that the said E should pay to the plaintiff all such money as he should pay for said barley, and also a commission of two cents per bushel, for the buying of said barley by the plaintiff; and the said agreement being so made, the said E then and there (insert mutual promises;) and the plaintiff saith, that in pursuance of the said agreement, he afterwards, as soon as he could, to wit, on &c., at &c., did purchase for the said E, as his agent or factor, one thousand bushels of barley, at as cheap a rate or price as he could, and afterwards delivered five hundred bushels thereof, on board a certain sloop or vessel, at &c., or thereabouts, and which the said E had sent there for that purpose, and always since the purchase of the said one thousand bushels of barley, hitherto hath been ready to deliver the remaining five hundred bushels of the said barley to the said E according to the said agreement; and that he, the plaintiff, paid for the said one thousand bushels of barley a large sum of money, to wit, &c., of all which premises the said E, on &c., at &c., had notice; yet the said E hath not paid the plaintiff the said money, so paid by the plaintiff for the said barley, nor any part thereof, nor the said commission for buying the same, or any part thereof, nor hath the said E sent any vessel or vessels to &c., or there