Parmenter v Cressey

JurisdictionEngland & Wales
Judgment Date01 January 1681
Date01 January 1681
CourtCourt of the King's Bench

English Reports Citation: 82 E.R. 896

King's Bench Division

Parmenter
and
Cressey

parmenter versus cressey. trin. 23 car. rot. 1034. Assumpsit. In an asaumpsit the plaintiff declares, that in consideration of twelve pieces of stuff, of the value of 42li. 15s. delivered by the plaintiff to the def. the def. promised to deliver to the plaintiff so many pipes of sack, which the defendant then had lying in a certain cellar of a stranger in London, as should be of the value of the said stuff, per prsefat' querent eligend'. And the plaintiff averrs, that at Norwich he did require the defendant deliberare vinum predict' prsefat' querent' ad eligendnm so many of the pipes as should be of the value of the stuff, &c. And after a verdict for the plaintiff, upon non assumpsit pleaded, upon motion in arrest of judgment it was so resolved, 1. That a special request is necessary in this case, because the defendant cannot deliver the wine in this case before the plaintiff hath made his election, and there is no reason that the defendant should require the plaintiff himself to make his election, as he ought to doe if the promise had been to deliver them to a stranger: then it was objected that the request was not well made. 1. Because it waa made at Norwich where the defendant cannot deliver the wines. 2. Because the request was to deliver the wines, whereas the defendant is not by his promise to deliver them till the plaintiff shall have made his election. But it was resolved that the request was well made : for 1. The plaintiff must make his request where he can meet...

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