Work, &c.

ant, to wit, by [&c.] at [&c.], [time and place,] and were then and there demanded by the said plaintiff, who then and there offered to pay the said defendant a reasonable reward and compensation for such his services in the said manufacturing; yet the said defendant then and there and ever since hath refused, and yet refuses to deliver, [&c.]

Second count: Averred "that the said defendant did not manufacture," [&c.] as agreed on.

Third count: "That defendant so unskilfully, inartificially and negligently manufactured, [&c.,] that the said satinets became and were of little [or "no"] value," &c.]

2. On a Building Contract, for not performing Part of the Work, and performing the Residue inartificially.

For that, whereas, heretofore, to wit, on [&c.] at [&c.], by a certain agreement then and there made by and between the plaintiff and the defendant, it was agreed, that the defendant should take down a certain messuage or dwellinghouse, situate at [&c.], and should build two other messuages or dwellinghouses for the plaintiff, agreeably to certain plans thereof, then in the possession. of the defendant, and according to the particulars and in the manner following: that is to say, that the said old house should be taken down, and the bricks cleaned and worked up, [&c. Set out the agreement, verbatim, in the past tense, after which mutual promises may be set forth in the following form, or not, for they may be omitted. 2 New Rep. 62; 2 Chit. Pl., 8 Am. Ed., 330. And the said agreement being so made as aforesaid, afterwards, to wit, on [&c.] aforesaid, at [&c.] aforesaid, in consideration thereof, and that the plaintiff, at the special request of the defendant, had then and there undertaken and promised the defendant to perform and fulfil the said agreement, in all things on his part and behalf to be performed and fulfilled; he the said defendant undertook and then and there promised the plaintiff to perform and fulfil the said agreement, in all things on his part and behalf to be performed and fulfilled.] And although the said plaintiff hath always, from the time of making said agreement, hitherto performed and fulfilled the same in all things on his part, according to the tenor, effect and true intent thereof, and hath [here set forth specially the performance of any precedent condition,] yet the plaintiff in fact says, that the defendant did not nor would perform the said agreement nor his said promise and undertaking, in this, to wit, that the defendant wholly neglected and omitted to do certain works which were requisite and necessary to be done and performed under and by virtue of the said agreement, and according to the tenor and effect, true intent and meaning thereof: that is to say, to pull down, [&c. Here specify the breach, according to the fact.] And the

Work, &c.

defendant also did and performed certain other works which were requisite and necessary to be done and performed under and by virtue of the said agreement, in a bad, inartificial, and unworkmanlike manner, contrary to the form and effect of the said agreement, and of his said promise and undertaking, to wit, at [&c.] aforesaid.

Second count: And whereas, also, heretofore, to wit, on [&c.] aforesaid, at [&c.] aforesaid, in consideration that the plaintiff, at the defendant's request, had then and there retained and employed him the said defendant to take down a certain other messuage or dwelling-house, with the appurtenances, and to erect and build divers, to wit, two other messuages or dwelling-houses, with the appurtenances, in lieu thereof, for the plaintiff, agreeable to certain plans and particulars then and there made and agreed upon by and between the plaintiff and defendant, for certain reasonable reward to the defendant in that behalf, he the said defendant undertook, and then and there promised the plaintiff, to erect and build the said last mentioned messuage or dwelling-house, with the appurtenances, agreeable to the last mentioned plans and particulars, with good and proper materials, and in a sound, substantial, and workmanlike manner; and although the defendant did afterwards, and before the commencement of this suit, erect and build the said last mentioned messuages or dwellinghouses, with the appurtenances, for the plaintiff, to wit, at [&c.] aforesaid, yet the defendant did not nor would erect or build the said last mentioned messuages or dwelling-houses, with the appurtenances, for the plaintiff, agreeable to the last mentioned plans and particulars, with good and proper materials, and in a sound, substantial, and workmanlike manner, but wholly neglected and refused so to do, and on the contrary thereof, he the defendant erected and built the said last mentioned messuages or dwelling-houses, with the appurtenances, different from and contrary to the said last mentioned plans and particulars, and with bad and improper materials, and in a slight, weak, inartificial, and unworkmanlike manner, contrary to the form and effect of his said last mentioned promise and undertaking, to wit, at [&c.] aforesaid. [Add another count, similar to the last, omitting the words in italics, and such other counts as may be applicable to the case.]

3. Declaration for discharging the Plaintiff from completing Work according to agreement. (u)

For that, whereas, heretofore, to wit, on [&c.] at [&c.], in consideration that the plaintiff, at the request of the defendant, had then and there agreed with and promised the defendant to perform and complete certain carpenter's work, to wit, in and about two houses of the defendant, at certain prices and upon certain terms then and there agreed upon between the plaintiff and the

(u) See ante, 209, 210.

Work, &c.

defendant, that is to say, [state the material terms,] he the defendant undertook and then and there promised the plaintiff to permit and suffer him to perform and complete the said work on the terms aforesaid; and the plaintiff in fact saith, that although he, confiding in the said promise of the defendant, did afterwards, to wit, on the day and year aforesaid, at [&c.] commence and in part perform the said work upon the terms aforesaid, and hath always been ready and willing, and still is ready and willing, to perform and complete the whole of the said work upon the said terms, whereof the defendant hath always had notice, yet the defendant, not regarding his said promise, did not nor would suffer or permit the plaintiff further to proceed with or complete the said work, but, on the contrary thereof, wholly refused so to do; and afterwards, to wit, on [&c.] at [&c.], wrongfully and absolutely discharged and hindered and prevented the plaintiff from performing and completing the residue of the work; by means whereof he the said plaintiff hath lost and been deprived of divers great gains and profits which would otherwise have arisen and accrued to him from the completion of the same work, and the price and value of the work by him so done, and of the work to be by him completed, are unpaid and unsatisfied, to wit, at [&c.] [Common counts and breach, ante, p. 216, 217.]

4. Against a Wheelwright employed to make a new Cart, for making and delivering one of improper materials and workmanship. (v)

For that, whereas, heretofore, to wit, on [&c.] at [&c.], in consideration that the plaintiff, at the request of the defendant, (he the defendant then and there being a wheelwright,) had employed him the said defendant to make a certain cart for the plaintiff, at and for a certain price, to wit, dollars, to be therefore paid by the plaintiff to the defendant, he the defendant then and there undertook and promised the plaintiff that the said cart should be made of good and proper materials, and in a workmanlike and proper manner; and although the defendant, under color of the said employment, afterwards, to wit, on [&c.] at [&c.] aforesaid, made for and delivered to the plaintiff a certain cart as and for a cart made of good and proper materials, and in a workmanlike and proper manner, and the plaintiff then and there paid to the defendant the said sum of dollars for the said cart, yet the defendant did not nor would perform or regard his said promise, but thereby deceived the plaintiff in this, to wit, that the said cart was not made of good or proper materials, or in a workmanlike or proper manner; but, on the contrary thereof, the said cart, at the time of making and delivery thereof to the plaintiff as aforesaid, was made of bad, unsound, and improper materials, and in an unworkmanlike and improper manner, whereby the said cart became and was and is of little or no use or value to the plaintiff, and he hath incurred great expenses, to wit, dollars, in repairing the same, and hath been deprived of the use thereof for a long time, to wit, [add common counts, &c., ante, p. 216, 217.]

(v) There is an implied warranty to the effect stated in this form; and see ante, p. 339 n. (g).

Commencement ante, p. 181 to 188.] For that, whereas, [Or, "And whereas, also," if there be a preceding special count,] the defendant, on [This may be any day before the commencement of the suit, and after the money demanded in the declaration became due.] at [venue] was indebted to the plaintiff in

dollars, for [Here state any debt that may be due, as for Agistment of Cattle, as in Form, ante, p. 230; or an Award, as ante, p. 236; or Umpirage, as ante, p. 237; or Board and Lodging, as ante, p. 257; or Freight or Carriage of Goods, as ante, p. 258; or Crops, as ante, p. 268; or Fixtures, as ante, p. 275; or Goodwill of a Business, as ante, p. 278; or Hire of Goods, as ante, p. 286; or Horse Keeping, as ante, p. 287; or Necessaries, as ante, p. 303; or Tolls, as ante, p. 332; or Use and Occupation, as ante, p. 293, 294; or Warehouse Room, as ante, p. 338; or proceed as follows:] for the price and value of goods ["cattle and chattels"] then and there bargained and sold by the plaintiff to the defendant, at his request;

And in dollars, for the price and value of goods ["cattle and chattels,'] then and there sold and delivered by the plaintiff to the defendant, at his request:

And in

dollars, for work then and there done, and materials for the same provided, by the plaintiff for the defendant, at his request:

Administrators.

And in — dollars, for money then and there lent by the plaintiff to the defendant, at his request:

dollars, for money then and there paid by the plaintiff, for the

use of the defendant, at his request:

dollars, for money then and there received by the defendant for

And in dollars, for money found to be due from the defendant to the plaintiff, on an account then and there stated between them; [then conclude] which said several moneys were to be respectively paid by the defendant to the plaintiff, on request (a); [and amount to the sum of (the aggregate of the several sums claimed (b) dollars; yet the defendant hath not paid [the same, or say any of the said moneys if the aggregate amount is omitted], or any part thereof, to the plaintiff's damage of - [the damages stated in the præcipe,] and thereupon he brings his suit, &c.

The indebitatus counts in debt by or against administrators must be similar in substance as the precedents in assumpsit, ante, p. 218 to 221, omitting the